Allahabad High Court High Court

National Insurance Co Ltd vs Furkan & Others on 11 January, 2010

Allahabad High Court
National Insurance Co Ltd vs Furkan & Others on 11 January, 2010
Court No. - 19
Civil Misc. Stay Vacation Application No. 228013 of 2004
IN
Case :- FIRST APPEAL FROM ORDER No. - 2644 of 2004

Petitioner :- National Insurance Co Ltd
Respondent :- Furkan & Others
Petitioner Counsel :- A.C. Nigam

Hon'ble Sanjay Misra,J.

Heard Sri A.C.Nigam, learned counsel for the appellant and Sri
Ravi Agrawal, learned counsel for the claimants-respondent.

Counter and rejoinder affidavits have been exchanged between the
parties. Rejoinder affidavit is not available on record. Office is
directed to trace the said rejoinder affidavit and place it on record.

A copy of the rejoinder affidavit has been made available by
learned counsel for the parties for perusal of the Court.

In view of the facts and circumstances of the case, it is provided
that the claimants-respondents will be entitled to withdraw the
50% of the amount deposited by the appellant before the Workmen
Compensation Commissioner/ Assistant Labour Commissioner,
Muzaffar Nagar on giving a surety to the satisfaction of the
Workmen Compensation Commissioner, Muzaffar Nagar, which
would be other than cash or bank guarantee.

The stay vacation application stands disposed of finally as above.

Order Date :- 11.1.2010
Lbm/-