The New India Assurance Co. Ltd., Nagpur, Thr. Its Legal Officer Vs Rajendra Wd/O. Sayyad Amin and Others — Bombay HC (2025) — LawSathi Research

The New India Assurance Co. Ltd., Nagpur, Thr. Its Legal Officer Vs Rajendra Wd/O. Sayyad Amin and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Stay of the impugned judgment and award granted in terms of prayer clause (a) of CAF No. 1034 of 2024 (application allowed and disposed of); delay of 81 days in filing the appeal condoned and appeal ordered registered under CAF No. 1033 of 2024; in First Appeal Stamp No. 2154 of 2024, notice issued to the respondents returnable after six weeks, with record and proceedings called for.

Issue for consideration

Whether stay should be granted to the impugned judgment and award of the Commissioner under the Employees Compensation Act/Labour Court, Nagpur (Civil Application CAF No. 1034 of 2024, prayer clause (a)). +1 more

Court's answer

Stay granted in terms of prayer clause (a) of CAF No. 1034 of 2024, having regard to the fact that the appellant has deposited the entire awarded compensation amount with the Labour Court; the application is allowed in terms of prayer clause (a) and disposed of.

Ratio / Principle

Adverse inference drawn that respondent Nos. 1 to 5 have no grievance against the application for condonation of delay, since none appeared on their behalf despite service of notice.

Key takeaways

CAF No. 1033 of 2024 allowed as prayed: the delay of 81 days caused in filing the appeal is condoned and the appeal is to be registered accordingly.ratio¶22
In First Appeal Stamp No. 2154 of 2024, notice issued to the respondents returnable after six weeks; record and proceedings called for and the matter to be listed after receipt of the record and proceedings.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.; 04-07-2025) — The New India Assurance Co Ltd v. Rajendra wd/o Sayyad Amin and ors (applications in First Appeal Stamp No. 2154 of 2024): (i) CAF No. 1034 of 2024 allowed in terms of prayer clause (a): stay granted to the impugned judgment and award of the Commissioner under the Employees Compensation Act/Labour Court, Nagpur, since the appellant had deposited the entire awarded compensation amount with the Labour Court by cheque dated 25.1.2024; (ii) CAF No. 1033 of 2024 allowed: the delay of 81 days in filing the appeal was condoned, the Court drawing an adverse inference from the non-appearance of respondent Nos. 1 to 5 despite service of notice that they had no grievance against condonation; appeal ordered registered; (iii) in the appeal, notice issued to the respondents returnable after six weeks, record and proceedings called for, and the matter to be listed after receipt of the record and proceedings. No monetary quantum of the award is stated in this order.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 1034 OF 2024 AND CIVIL APPLICATION (CAF) NO. 1033 OF 2024 IN

FIRST APPEAL STAMP NO. 2154 OF 2024

(The New India Assurance Co Ltd Vs. Rajendra wd/o Sayyad Amin and ors)

Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions and Registrar's orders

Mr. Amey Chaurasiya, Advocate h/f Mr. R.R. Dawda, Advocate for appellant/applicant.

CORAM : ABHAY J. MANTRI, J. DATED : 04-07-2025

CIVIL APPLICATION (CAF) NO. 1034 OF 2024

Heard.

Learned counsel for the appellant submitted that he has already deposited the entire compensation amount awarded by the Commissioner under the Employees Compensation Act/Labour Court, Nagpur by a cheque dated 25.1.2024 and therefore, urged for grant of stay to the impugned judgment and award.

Having considered the fact that the appellant has deposited the entire awarded compensation amount with the Labour Court, I deem it appropriate to grant stay in terms of prayer clause (a). Accordingly, the application is allowed in terms of prayer clause (a) of the application. The application is disposed of.

CIVIL APPLICATION (CAF) No. 1033 OF 2024

Heard.

The learned counsel for applicant/appellant has submitted that the appellant/insurance company has deposited the amount of compensation awarded by the Commissioner under the Employees Compensation Act/Labour Court, Nagpur by a cheque dated 25.1.2024. It further appears that despite service of notice on

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respondent Nos. 1 to 5, none appears on their behalf which fact leads to draw adverse inference that the respondents have no grudge about the application for condonation of delay.

Considering the reasons stated in the application as well as above facts, the application is allowed as prayed. The delay of 81 days caused in filing the appeal is condoned. Appeal be registered accordingly.

FIRST APPEAL STAMP NO. 2154/2024

Heard.

Issue notice to the respondents, returnable after six weeks.

Call record and proceedings.

List the matter after receipt of record and proceedings.

(ABHAY J. MANTRI, J.)

Belkhede