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FA/2330/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2330 of 2007
With
CIVIL
APPLICATION No. 6558 of 2007
In
FIRST APPEAL No. 2330 of 2007
=========================================================
NATIONAL
INSURANCE CO. LTD. - Appellant(s)
Versus
TEJMALSING
G. RATHOD & 1 - Defendant(s)
=========================================================
Appearance
:
MR
SUNIL B PARIKH for
Appellant(s) : 1,
MR BHARAT SHAH for Defendant(s) : 1,
None for
Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/05/2007
ORAL
ORDER
Considering
the fact that the entire awarded amount has not been deposited by the
appellant before preferring the present first appeal and considering
the proviso of section 30 of the Workmen’s Compensation Act, present
appeal is not required to be entertained. Hence, present appeal is
dismissed for want of deposit of entire awarded amount and production
of the certificate of the learned Commissioner for Workmen’s
Compensation to that effect.
Shri
Parikh, learned advocate appearing on behalf of the appellant,-
insurance company has submitted that the entire awarded amount shall
be deposited within a period of three days from today and thereafter,
appeal will be filed. As and when the appeal is preferred along with
the certificate of the learned Commissioner for Workmen’s
Compensation that entire awarded amount is deposited, the same shall
be decided in accordance with law and on merits without raising any
objection that the present appeal is dismissed. In the meantime and
so as to see that the amount awarded to the applicant is not
flittered away and not misused and misapplied, the learned
Commissioner for Workmen’s Compensation, Kutchh-Bhuj is directed not
to disburse the amount in favour of the applicant for a period of one
month, so as to enable the appellant to obtain appropriate order in
the appeal and the civil application therein.
With
this, the present appeal is dismissed with above liberty.
In
view of dismissal of present first appeal, no order in civil
application.
(M.R.
Shah, J.)
shekhar/-
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