MR. AGNELLO MANVEL FERNANDESversusMR. TEJAS PATEL AND ORS.

                                                                                                   902-IA-4199-26 IN FA.DOC


 JYOTI
 RAJESH                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE
Digitally signed by
                                             CIVIL APPELLATE JURISDICTION
JYOTI RAJESH
MANE
Date: 2026.09.24
19:38:04 +0530
                                            INTERIM APPLICATION NO. 4199 OF 2026
                                                                IN
                                                    FIRST APPEAL NO. 1170 OF 2025


                      Mr. Agnello Manvel Fernandes                                      ...Appellant

                               Versus
                      Mr. Tejas Patel And Ors.                                          ...Respondents

                                                        _______
                      Mr. Ashok Tajane a/w. Ms. Ashwini Mehetre, for Appellant.
                      Mr. T.R.Yadav, for Applicant/Original Respondent.
                                                                  _______

                                                        CORAM:          AARTI SATHE, J.

                                                          DATE:         24 SEPTEMBER 2026

                      P.C.

                      1.             This interim application has been filed by the applicant praying for the

                      following reliefs:

                             a. That the Applicant be allowed to withdraw the amount of Rs. 7,71,573.26/-with
                             accrued interest deposited by the Appellants/Opponents in Application (ECA) NO.
                             137/C-37 of 2022 with the Commissioner of Employees Compensation and Judge
                             Fourth Labour Court Mumbai.
                             b. That accordingly necessary direction be given to the Registrar of the Commissioner
                             of Employees Compensation and Judge Fourth Labour Court Mumbai.
                             c. Any other order as deemed fit may be passed.
                             d. Cost may be provided.



                      2.             The aforesaid Interim Application has been filed pursuant to the

                      judgment and order dated 2nd May 2024 passed by the learned Commissioner for

                      Employees’ Compensation and Judge, 4th Labour Court, Mumbai, in Application

                      (ECA) No. 137/C-37 of 2022, whereby the Appellants/original Opponents were


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directed to jointly and severally pay the compensation amount, along with interest

thereon from the date of the accident until realization, and further to pay a penalty

of 50% of the compensation amount to the Applicant herein.

3.        The Appellants have preferred the aforesaid First Appeal challenging the

judgment and order dated 2nd May 2024 on various grounds.

4.          Upon perusal of the Interim Application and the impugned order, it is

evident that certain triable issues have been raised in the aforesaid First Appeal.

5.        However, considering that the Applicant is presently 78 years of age and

has suffered disability on account of the accident, the Applicant submits that he is

in need of funds to meet his day-to-day expenses and for his sustenance. It is

further submitted that the Applicant is suffering from various health ailments and,

therefore, it is imperative that some amount be permitted to be withdrawn by him

to meet the aforesaid expenses.

6.        Learned counsel appearing on behalf of the Appellant, Mr. Tajne, has

vehemently opposed the withdrawal of the aforesaid amount on the grounds

specifically set out in the affidavit-in-reply dated 21 June 2026, filed by Mr. Tejas

Patel, Partner of the Appellant-Firm.

7.        It is submitted on behalf of the Appellant that there was, in fact, no

employer-employee relationship between the Applicant and the Appellant. It is

further submitted that the amount awarded by the learned Labour Court has been

arrived at on the basis of an erroneous appreciation of the facts and evidence on

record.




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8.         Learned counsel appearing on behalf of the Appellant submits that the

learned Labour Court has failed to appreciate that there was no evidence

whatsoever to establish that any appointment had been made in favour of the

Applicant. It is further submitted that the learned Labour Court has erroneously

held that the Applicant had taken treatment at the said hospital.

9.        This Court is of the view that all the aforesaid issues would have to be

considered at the time of hearing of the First Appeal. However, having regard to

the submissions made by the Applicant in the Interim Application, his age, and the

fact that he has suffered disability on account of the accident, this Court is of the

view that it would be appropriate to allow the Interim Application to the extent of

permitting the Applicant to withdraw 35% of the amount deposited before the

learned Commissioner for Employees’ Compensation and Judge, 4th Labour

Court, Mumbai.

10.      Learned counsel on behalf of the Appellant has submitted that an amount

of Rs.7,71,573/- has been deposited in the learned Commissioner for Employees’

Compensation and Judge, 4th Labour Court, Mumbai. Accordingly, the Applicant

is permitted to withdraw an amount of Rs.2,70,050.55ps, being 35% of the

amount deposited, along with accrued interest, if any.

11.       Needless to observe that the amount so withdrawn by the Applicant shall

be subject to the final outcome of the present First Appeal. In the event the

Appellant succeeds in the First Appeal, the Applicant shall refund the aforesaid




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amount to the Appellant, along with the interest accrued thereon, if any, and as

may have been paid to the Applicant.

12.        The learned Commissioner for Employees’ Compensation and Judge,

4th Labour Court, Mumbai, is directed to release the aforesaid amount to the

Applicant within a period of two weeks from the date of this order.

13.      The Interim Application is disposed of in the aforesaid terms. No costs.




                                           (AARTI SATHE, J.)




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