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CA/1220820/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 12208 of 2008
In
CIVIL
APPLICATION - FOR STAY No. 4872 of 2008
In
FIRST APPEAL No. 2001 of 2008
=========================================================
SANGEETABEN
MAHESHBHAI KULKARNI & 1 - Petitioner(s)
Versus
REGIONAL
DIRECTOR - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1 - 2.
MR SACHIN D VASAVADA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 17/10/2008
ORAL
ORDER
Heard
learned advocate Mr. Hiran Modi appearing on behalf of applicants and
learned advocate Mr. Sachin Vasavada appearing on behalf of opponent.
This
application is filed with a prayer to permit the applicant to
withdraw/to disburse the amount in favour of applicant.
The
appeal is filed by ESI Corporation challenging the order passed by
ESI Court in ESI Application No.52 of 2004.
One
Maheshbhai Gangadhar Kulkarni is died on 9th February
2004. The ESI Court has come to conclusion that death of Maheshbhai
Gangadhar Kulkarni is considered to be an employment injury and ESI
Corporation has to pay the benefits under the provisions of Section
52 and Schedule I of ESI Act to the dependents of deceased ? Mahesh
Gangadhar Kulkarni.
This
Court has admitted the First Appeal on 9th May 2008 and
issued rule made it returnable on 18th June 2008. On 1st
August 2008, this Court has passed the following order in Civil
Application No.4872 of 2008 which is quoted as under :
?SHeard.
Ad-interim
relief in terms of Para 4(c) is granted, on condition that the amount
n question will be deposited before the Registry of this Court on or
before 21st August 2008. Upon depositing the said amount,
the original claimant will be permitted to withdraw 50% of the amount
upon furnishing security and 50% amount shall be permitted to be
withdraw without security.
With
the aforesaid directions, the application stands disposed of. Rule is
made absolute.?S
According
to aforesaid order, stay is granted by this Court on condition that
amount in question will be deposited before registry of this Court on
or before 21st August 2008. By depositing the said amount,
original claimant will be permitted to withdraw 50% of the amount
upon furnishing security and 50% amount shall be permitted to be
withdrawn without security.
The
ESI Corporation has deposited Rs.1,07,258/- before this court and
according to Corporation, this much amount is to be available to the
dependents as per order passed by Corporation. However, learned
advocate Mr. Modi disputed the statement and some more amount is
required to be disbursed in favour of minor and dependents. This part
is not calculated by Corporation.
Learned
advocate Mr. Vasavada submitted that he will file necessary affidavit
on behalf of Corporation within some reasonable time.
Therefore,
this Court is giving reasonable opportunity of hearing to Corporation
and Corporation may file affidavit and point out that whatever amount
is deposited can satisfy the direction issued by ESI Court or not. If
any short fall for, the ESI Corporation shall have to deposit
remaining amount on or before next date of hearing.
Learned
advocate Mr. Modi submitted that from depositing Rs.1,07,258/-, no
amount is disbursed in favour of applicant till date.
Therefore,
it is directed to registry to pay Rs.60,000/- in favour of
Sangeetaben widow of Maheshbhai Gangadhar Kulkarni by account payee
cheque immediately after proper verification. This Court will pass
further order about rest of the amount after considering the
guarantee submitted by applicant before this Court.
Let
Corporation may file necessary affidavit before this Court on or
before 24th November 2008.
No
doubt, this Court has granted stay on 1st August 2008
again execution of ESI Court order, but, from the date on which the
claimants are entitled the benefits that all the benefits up to the
date of order passed by this court on 1st August 2008
shall have to be deposited by Corporation including monthly
dependency benefits including minor. That part must have to be made
clear by ESI Corporation in his affidavit.
It
is made clear to ESI Corporation that on 1st August 2008,
this Court has granted ad-interim relief, but, this Court has not
granted interim relief. Therefore, this Court will hear the matter
for interim relief on the next date of hearing.
Accordingly,
matter is adjourned to 24th November 2008.
[H.K.
RATHOD, J.]
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