1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 132 OF 2009 IN FIRST APPEAL ST. NO. 504 OF 2009 The New India Ass. Co. Ltd........Applicants versus Ashwinkumar Shriram Shukla & anr........ Respondents. Ms. Poonam Mital adv. for the Applicants Mr. M. B. Kotak adv. for the respondent no.1. CORAM: A. P. DESHPANDE, J. DATED : 2nd FEBRUARY, 2009. P.C.: 1. There is a delay of 200 days in filing of the appeal under section 82 of the Workmens Compensation Act. Heard the learned counsel for the applicant/appellant insurane company so also the learned counsel for the caveator respondent no.1. For the reasons stated in the application, delay is condoned. Application is disposed of. (A. P. DESHPANDE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY 2 CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 133 OF 2009 IN FIRST APPEAL ST. NO. 504 OF 2009 The New India Ass. Co. Ltd........Applicants versus Ashwinkumar Shriram Shukla & anr........ Respondents. Ms. Poonam Mital adv. for the Applicants Mr. M. B. Kotak adv. for the respondent no.1. CORAM: A. P. DESHPANDE, J. DATED : 2nd FEBRUARY, 2009. P.C.: 1. By the present application, the applicant/appellant is seeking stay of the execution of the award to the extent it relates to award of interest at the rate of 12% per annum from the date of application till actual payment. 2. The learned counsel for the appellant in all fairness makes a statement that the appeal is only restricted to award of interest and challenge to the award of compenstion is not pressed. In view of the fact that the award of cmpensation is not questioned and further having regard to the fact that only interest at the rate of 12% per annum has been challenged, I do not propose to grant stay of the execution of the award. Respondent is permitted to withdraw the amount deposited, subject ot the 3 condition that the respondent no.1 shall file an unertaking before this court within a period of four weeks from today that in the event it is so directed by this court, he shall deposit the amount of interest in this court. (A. P. DESHPANDE, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 4 FIRST APPEAL ST. NO. 504 OF 2009 The New India Ass. Co. Ltd........Applicants versus Ashwinkumar Shriram Shukla & anr........ Respondents. Ms. Poonam Mital adv. for the Applicants Mr. M. B. Kotak adv. for the respondent no.1. CORAM: A. P. DESHPANDE, J. DATED : 2nd FEBRUARY, 2009. P.C.: Issue notice returnable in two weeks. Hamdust allowed. Parties are put on notice that the appeal will be disposed of at the admission stage, (A. P. DESHPANDE, J.)