Allowed

The Chief General Manager, Western Coialfields Ltd. Jaripatka and Oths v. Smt. Ambika Wd/O Suresh Kachhawah and Oths

Bombay HC5 Oct 2012CAF/1168/2012

Case brief

AI extract

What is this about?

Single judge allowed stay application seeking suspension of impugned judgment execution. Appellant directed to deposit decreetal amount with Labour Court within two weeks and produce receipt. Respondents absent.

What did the court decide?

Stay on execution of impugned judgment imposed subject to deposit of decreetal amount with Labour Court within two weeks.

The Chief General Manager, Western Coialfields Ltd… — Execution and Attachment | Bombay HC (2012)

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Farad Sheet

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CA(F) No.1168/2012 in First Appeal No.364/2012

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(The Chief General Manager, W.C.L., Nagpur and others ..vs.. Smt.Ambica wd/o Suresh Kachhawah & ors.)

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__________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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SC and AS Mehadia, Adv. for appellant.

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CORAM : REGISTRAR (JUDICIAL) DATED : 5^th October , 2012

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By this application, the applicant/appellant seeks stay to the effect and operation of the impugned judgment dated 5/11/2011 passed in Application (WC) No.C-121/2011 and further to restrain the respondents from withdrawing the amount.

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The appeal has already been admitted. The respondents are also served with copy of appeal memo and the stay application. None appeared for the respondents. No say is filed on the stay application.

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It is contended by the learned Advocate for the appellants that the decreetal amount including the interest has been deposited with the Labour Court, Nagpur. However, there is no copy of the receipt in support of this contention. But such a statement is made in the stay application in para 3.

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Farad Sheet

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Since the respondents have not come forward to oppose the stay application, I allow the stay application for staying the execution of the impugned judgment and order. Since the respondents have not filed the application for withdrawal of amount, the appellants prayer to restrain the respondents from withdrawing the amount will be considered at the appropriate time. Hence, I pass the following order.

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The impugned judgment and order of the learned Commissioner is stayed during the pendency of the appeal on appellants depositing the decreetal amount with the Labour Court, Nagpur, within two weeks, if not deposited earlier.

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The appellant shall produce the receipt of deposited amount within two weeks.

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The application stands disposed of on the aforesaid terms.

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Dated: 05/10/2012 (S.P.Muley) Registrar(Judl.)

The Chief General Manager, Western Coialfields Ltd. Jaripatka and Oths v. Smt. Ambika Wd/O Suresh Kachhawah and Oths

Case brief

What is this about?

What did the court decide?

The Chief General Manager, Western Coialfields Ltd. Jaripatka and Oths v. Smt. Ambika Wd/O Suresh Kachhawah and Oths

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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