Allowed

M/S Apul Textiles Pvt. Ltd. v. Mrs. Kavita Sapan Das

Bombay HC5 Feb 2015CAF/355/2013

Case brief

AI extract

What is this about?

This Court allowed an application for stay of an industrial injury compensation award. The judgment confirmed that the applicant deposited the entire decretal amount, satisfying the condition for staying the impugned order pending the disposal of the First Appeal.

What did the court decide?

Stay of operation of impugned Award dated 27.09.2012 granted until disposal of First Appeal; Registry to transfer deposited sum to Commissioner; Civil Application by respondent to be decided on merits

M/S Apul Textiles Pvt. Ltd. Vs Mrs. Kavita… — Civil Procedure and Limitation | Bombay HC (2015)

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20 caf 355-13=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION.

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CIVIL APPLICATION NO. 355 OF 2013 IN FIRST APPEAL NO. 1003 OF 2014

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M/s. Apul Textiles Pvt. Ltd. … Applicant V/s. Mrs. Kavita Sapan Das … Respondent

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Mr. S.C. Naidu i/b S.P. Munghate for the appellant. Mr. R.S. Chahal for the respondent.

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CORAM : K. K. TATED, J. DATED : 05/02/2015.

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P.C.:

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. Heard learned Counsel for the parties.

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2 This application is for stay of operation and implementation of impugned Judgment and Award dated 27.09.2012 passed by the Commissioner for Workmen's Compensation, Mumbai in Application (WCA) No. 2/C-1/2009 holding that respondent claimant is entitled for compensation of Rs.4,72,944/- with 12% simple interest.

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3 The learned Counsel Mr. Naidu for the applicant submits that pursuant to the order passed by this court they already deposited entire decretal amount i.e. Rs.7,47,000/- He submits that out of this total amount, they deposited Rs.5,11,062/- in the Tribunal and Rs.2,35,938/- in the Registry of this Court. Statement is accepted.

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4 Considering the submissions made by learned counsel for the

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Sneha Chavan

20 caf 355-13=.doc

applicant and as the entire amount is deposited by the applicant, I am satisfied that applicant has made out the case for allowing the civil application.

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5 The application preferred by the respondent claimant bearing Civil Application no. 2842 of 2014 for withdrawal of amount, will be decided on its own merits.

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6 Hence, the following order:

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i) The operation and implementation of impugned Judgment and Award dated 27.09.2012 passed by the Commissioner for Workmen's Compensation, Mumbai in Application (WCA) No. 2/C-1/2009, is stayed till the haring and final disposal of the First Appeal.

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ii) Civil Application no. 2842 of 2014 preferred by the respondent claimant will be decided on its own merits.

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iii) The Registry is directed to transfer the sum of Rs.2,35,938/- with accrued interest, if any, deposited by the applicant in the Registry of this Court to the Commissioner for Workmen's Compensation, Mumbai in the account of Application (WCA) No. 2/C-1/2009.

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iv) Civil Application is disposed of accordingly.

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2/2

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Sneha Chavan

M/S Apul Textiles Pvt. Ltd. v. Mrs. Kavita Sapan Das

Case brief

What is this about?

What did the court decide?

M/S Apul Textiles Pvt. Ltd. v. Mrs. Kavita Sapan Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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