-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.354 OF 2007 APPLICATION NO.354 OF 2007 APPLICATION NO.354 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2354 OF 2005 APPEAL NO.2354 OF 2005 APPEAL NO.2354 OF 2005 Bombay Marine Engineering Works P.Ltd. ...Applicant vs. Employees State Insurance Corpn. & Anr. ...Respondents Mr.R.S.Pai i/b M/s.Sanjay Udeshi & Co.for the Applicant Mr.H.V.Mehta for the Respondents CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : FEBRUARY 5, 2008. : FEBRUARY 5, 2008. : FEBRUARY 5, 2008. P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. A sum of Rs.6,57,333/- deposited by the Applicant has been invested by the E.S.I. Court. A prayer in this application is for restraining the Respondents from withdrawing the said amount. 2. An application under section 75 of the Employees’ State Insurance Act,1948 made by the Applicant has been dismissed by the impugned Judgment and Order. The First Appeal has already been admitted for final hearing. Considering the facts and circumstances of the case, though first part of the prayer (a) deserves to be granted, the first Respondent will have to be permitted to withdraw the said sum of Rs.6,57,333/- with interest, if any, accrued thereon. 3. Hence, Civil Application is disposed of by passing the -2- following order : i) Till the final disposal of the Appeal, the Respondents are restrained from initiating recovery proceedings against the Applicant on the basis of the orders dated 28th January 2005 and 3rd August 2005. ii) The trial court will permit the first Respondent to withdraw a sum of Rs.6,57,333/- together with interest, if any, accrued thereon. In the event of the applicant succeeds in the Appeal, the first Respondent will be liable to bring back the said amount with appropriate rate of interest. iii) There will be no order as to costs. JUDGE JUDGE JUDGE