1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. C.A.F.NO.634 OF 2009 and C.A.NO.776 OF 2009 IN F.A.NO.49/09 (D) Mohanlal Chaurasiya ...vs.. Sau.Kantabai Meshram and others. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. -------------------------------------------------------------------------------------------------------------------------- Coram : C.L.PANGARKAR, J. Dated : 29th JULY, 2009. 1. Heard Mr.S.K.Borkar, learned counsel for the appellant and Mr.P.D.Naukarkar, learned counsel for the respondent. 2. By the orders of this court, the appellant was directed to deposit the amount in the court. The initial award was for Rs.1,99,233/-. The said award came to be passed on 4/1/2005. It was directed that the said amount shall carry interest @12% until its realization. The non-applicants in the workmen compensation case before the Commissioner were the Executive Officer 2 (Cantonment) as well as Mohanlal. Both of them have preferred appealS in this court. The principal employer was Cantonment Executive Officer. The Workmen’s Compensation Commissioner had fastened the liability on both i.e. the Cantonment Executive Officer as well as the appellant Mohanlal Chaurasiya. After the said award was passed and it was not satisfied, a certificate was issued. The certificate was to the extent of Rs.3,18,772/-. This amount has been deposited. 3. Mr.Borkar, learned counsel for the appellant - Mohanlal submits that Mohanlal is not liable to pay the amount since there is no direction to pay the interest subsequent to the issuance of recovery certificate. The contention is not correct. There is a direction of the Workmen’s Compensation Commissioner to charge interest at 12% until the amount is realised. In any case the appellant Mohanlal has deposited sum of Rs.78,701/- in the court. That was the exact amount that was payable after the payment of 3 Rs.3,18,772/- as interest was to be charged on the said amount. In the circumstances, the said amount cannot now be refunded to the appellant Mohanlal. It will have to be paid to the claimants. Amount be paid to the claimants. The said amount be paid along with interest. Both the applications are accordingly disposed of. JUDGE. chute