... 1 ... IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1043 OF 2005 CIVIL APPLICATION NO.1043 OF 2005 CIVIL APPLICATION NO.1043 OF 2005 IN IN IN FIRST APPEAL NO.1682 OF 2005 FIRST APPEAL NO.1682 OF 2005 FIRST APPEAL NO.1682 OF 2005 Warden & Co. (India) Pvt. Ltd. ...Applicant Versus Employees’ State Insuranace Corporation and Ors. ...Respondents Shri S.P.Salkar for the Applicant. Shri M.V.Jaykar for the Respondent No.1. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : JANUARY 31, 2007. DATE : JANUARY 31, 2007. DATE : JANUARY 31, 2007. P.C.: P.C.: P.C.: 1. Rule. The learned Advocate for the first Respondent waives service. Taken up for hearing forthwith. An Application made by the Applicant under section 75 of the Employees State Insurance Act, 1948 has been rejected on merits. Fifty percent of the amount of demand has been deposited with the Trial Court. After dismissal of the Application on merits, the Applicant is not entitled to interim relief and the balance amount payable towards the demand which was subject matter of challenge before the trial Court will have to be deposited with the first Respondent. Considering the facts and circumstances, sufficiently long time can be granted to the Applicant. ... 2 ... 2. Hence, Application is disposed of by passing following order: (i) Fifty percent of the amount of demand deposited by the Applicant with the trial Court will be permitted to be withdrawn by the first Respondent subject to final outcome of the Appeal. The balance amount payable under the impugned demand as of today will be deposited by the Applicant with the first Respondent on or before 06th July, 2007. (ii) Till 06th July, 2007, no coercive action shall be taken against the Applicant for non payment of said amount of demand. (iii) If deposit is not made within the stipulated time, the first Respondent will be free to proceeding in accordance with law. It is obvious that deposit made by the Applicant with the first Respondent will be subject to final outcome of the Appeal. (iv) There will be no orders as to costs. ... 3 ... JUDGE JUDGE JUDGE