1 28 caf.4034.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4034 OF 2010 IN FIRST APPEAL NO. 312 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. H.V.Mehta for the Applicants. Mr. P.M.Bhagat for the Respondent. CORAM : A.S.OKA, J. DATE : 22 nd June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 Prayer is for stay of the impugned judgment and decree passed by the Employees’ State Insurance Court. There is a declaration granted under the impugned order that the establishment of the Respondent is not covered under the provisions of the Employees’ State Insurance Act, 1948. Consequential order of refund has been passed against the Applicants. The prayer for stay cannot be granted as as there is already a declaration that the establishment of the Respondent is not covered. As far as refund is concerned, the amount will have to be secured in the event of success of appeal. 2 28 caf.4034.10 3 Hence, I pass the following order : i. Prayer for stay is rejected ; ii. The Applicants are directed to deposit the refund amount in terms of the impugned order in this Court within a period of eights weeks from today ; iii. It will be open for the Respondent to withdraw a amount of refund on furnishing security for the said amount to the satisfaction of the Registrar Judicial – I of this Court ; iv. Civil application is disposed of on above terms. [ A.S.OKA, J ]