1 ca7213.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7213 OF 2010 IN FIRST APPEAL NO. 2756 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.L. Chintalwar,Advocate for applicant. Mr.M.B. Humane,Advocate for Resp.Nos. 1&2. Mr. S.N. Boiwar, Advocate for Resp.No.3. CORAM : K. K. TATED, J. DATE : 23RD DECEMBER, 2010. PER COURT : . Heard the learned Counsel for the parties. 2. Present civil application is preferred by the original respondent No.1 Karkhana for stay of the judgment and award dated 29-01-2010 passed by the learned Labour Court, Aurangabad in Application (WC) No.13/2006. 3. The learned Counsel appearing on behalf of the applicant submits that they disputed relationship of employer and employer and therefore, there is no question of payment of compensation to the 2 ca7213.10 respondents original claimants. 4. In any case, this submission can be considered at the time of final hearing of the appeal. As the trial Court passed money decree, it is not possible to stay the same unconditionally considering the facts of the present case. 5. The learned Counsel appearing on behalf of the applicant submits that they already deposited sum of Rs.2,61,525/- in the office of the Commissioner for Workmen's Compensation and Labour Court, Aurangabad. 6 The applicant is directed to deposit remaining decretal amount in the trial Court within twelve weeks from today. 7. The learned Counsel for respondent Nos. 1 and 2 original claimants submits that they are ready and willing to furnish solvent surety before the trial Court for withdrawing the amount. 8. Considering the submissions of both the sides following order. 3 ca7213.10 : O R D E R : (A) The impugned judgment and award dated 29-01-2010 passed by the learned Labour Court, Aurangabad in Application (WC) No.13/2006 is stayed till hearing and final disposal of the present appeal, on condition that the applicant to deposit remaining decretal amount in the trial Court within twelve weeks from today. (B) Respondent Nos. 1 and 2 are allowed to withdraw sum of Rs.2,00,000/- (Rs. Two lacs only) on furnishing solvent surety to the satisfaction of the Labour Court, Aurangabad. (C) Labour Court is directed to invest the remaining amount in any nationalised bank in fixed deposit, initially for the period of three years and same to be continued till hearing and final disposal of the appeal. . Civil Application is disposed of accordingly. sd/- [ K. K. TATED, J.] sut/DEC10/ca7213.10