Application filed by applicant seeking stay on the operation of a workmen's compensation award. Court granted stay subject to deposit of Rs.8 lakh.
Stay granted on operation of impugned judgment and award conditional upon deposit of Rs.8,00,000.
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GAHC010080192018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA 64/2018
1:SBI GENERAL INSURANCE COMPANY LTD
HAVING ITS HEAD OFFICE AT JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ,ANDHERI (EAST) MUMBAI 400069 AND REGIONAL OFFICE AT 4TH FLOOR, B BLOCK ,APEEJAY HOUSE, 15 PARK STREET, KOLKATA -7000016 REPRESENTED BY MANAGER OF SBI GENERAL INSURANCE COMPANY LTD. 2ND FLOOR LAKSHMI DARSHAN BUILDING ,ULUBARI ,(OPPOSITE BORA SARVICE GUWAHATI , ASSAM ,PIN. 781007
VERSUS
1:SMTI PRIYANKA DEVI AND 4 ORS W/O LATE VINIT KUMAR YADAV @ BINIT KUMAR YADAV RESIDENT OF VILLAGE BHANGA P.O. PATHRA ,DIST. BANKA (BIHAR)
2:MISS AMRITA KUMARI
D/O LATE VINIT KUMAR YADAV @BINIT KUMAR YADAV RESIDENT OF VILLAGE BHANGA P.O. PATHRA DIST. BANKA (BIHAR)
3:SRI SURAJ KUMAR
S/O LATE VINIT KUMAR YADAV @ BINIT KUMAR YADAV RESIDENT OF VILLAGE BHANGA P.O. PATHRA DIST. BANKA (BIHAR)
4:SRI BAHADUR YADAV S/O LATE SHAIRU YADAV RESIDENT OF VILLAGE BHANGA P.O. PATHRA DIST. BANKA (BIHAR) (CLAIMANTS ) RESPONDENT NOS. 2AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER.IE. RESPONENT NO.1
5:M/S SHYAMAPRIYA AUTOCARTS PVT. LTD
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REPRESENTED BY THE MANAGER OF SCF- 69 1ST FLOOR SEC 15 MARKET FARIDABAD HARYANA PIN 121001 (OWNER /EMPLOYER OF THE VEHICLE NO. HR 38U/7025 (TRUCK)
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :
Linked Case : I.A.(Civil) 2424/2018
1:SBI GENERAL INSURANCE COMPANY LTD
HAVING ITS HEAD OFFICE AT JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI 400069 AND REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA -7000016 REPRESENTED BY MANAGER OF SBI GENERAL INSURANCE COMPANY LTD. 2ND FLOOR LAKSHMI DARSHAN BUILDING ULUBARI (OPPOSITE BORA SARVICE GUWAHATI ASSAM PIN. 781007
VERSUS
1:SMTI PRIYANKA DEVI AND 4 ORS
W/O LATE VINIT KUMAR YADAV @ BINIT KUMAR YADAV
2:MISS AMRITA KUMARI D/O LATE VINIT KUMAR YADAV @BINIT KUMAR YADAV
3:SRI SURAJ KUMAR
S/O LATE VINIT KUMAR YADAV @ BINIT KUMAR YADAV
4:SRI BAHADUR YADAV S/O LATE SHAIRU YADAV
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ALL ARE RESIDENT OF VILLAGE BHANGA P.O. PATHRA DIST. BANKA (BIHAR) (CLAIMANTS ) RESPONDENT NOS. 2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER .IE. RESPONDENT NO.1
5:M/S SHYAMAPRIYA AUTOCARTS PVT. LTD. REPRESENTED BY THE MANAGER OF SCF- 69 1ST FLOOR SEC 15 MARKET FARIDABAD HARYANA PIN 121001. (OWNER /EMPLOYER OF THE VEHICLE NO. HR 38U/7025 (TRUCK)) Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 12-07-2018
Heard Mr. R. Goswami, learned counsel for the applicant.
The connected appeal was admitted by order dated 21.05.2018.
This is application for stay of the operation of the judgment and award dated 23.02.2018 passed by learned Commissioner, Workmen’s Compensation Cachar, Silchar in E.C Case No. 13/2016.
As the Connected appeal has been admitted for hearing, this court is inclined to stay the operation of the impugned judgment and award subject to condition that the applicant shall deposit a sum of Rs.8,00,000/- before the Registry of this Court within 6(six) weeks from today.
It is made clear that if such deposit is not deposited within time allowed, this order shall not be a bar for enforcement of the award.
This stay petition stands allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant a stay on the operation of the workmen's compensation award pending the connected appeal.
SBI General Insurance Company Ltd
Smti Priyanka Devi and 4 Ors
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
