C/FA/1012/2019 ORDER DATED: 21/10/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1012 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/FIRST APPEAL NO. 1012 of 2019 ===================================================================== MARUTI PROCESSORS Versus JAYPRAKASH RAJUBHAI PATEL ===================================================================== Appearance: MR YOGI K GADHIA(5913) for the Appellant(s) No. 1 MR PC CHAUDHARI for the Defendant(s) No. 1 ===================================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 21/10/2021 ORAL ORDER 1. Learned advocate Mr. Yogi K. Gadhia, for the appellant and learned advocate Mr. P.C. Chaudhari, for the defendant have jointly tendered a notarized settlement duly signed by both the parties to this appeal. As per the terms and conditions of the settlement, since this is a Non-fatal case, the total amount of compensation and dues, etc. payable to the workman comes to Rs.3,18,773/-. A detailed computation is given in the notarized settlement. The settlement further indicates that the appellant was already paid an amount of Rs.50,000/- and a further sum of Rs.2,75,000/- as against his entitlement of Rs.2,68,773/-, was further paid by the present appellant. 2. Learned advocate Mr. P.C. Chaudhari makes a statement that the appellant has received an amount of Rs.2,75,000/- over and above an amount of Rs.50,000/-, which was already paid to the respondent herein. He also indicates that along with the settlement itself, a receipt has also been produced. C/FA/1012/2019 ORDER DATED: 21/10/2021 3. In view of the aforesaid settlement, which is taken on record, the present first appeal would not survive. Needless to say, in view of the fact that the present respondent has received a total amount of Rs.3,25,000/- (Rs.50,000/- + Rs.2,75,000/-), the amount deposited by the appellant before the learned Commissioner at Surat to be refunded to the present appellant within a period of six weeks after he makes an application, with accrued interest, if any. 4. With the aforesaid observation, the present first appeal stands disposed of. However, in case of any difficulty, both the parties are at a liberty to revive the present First Appeal. 5. In view of the above, the judgment dated 02.11.2018 passed in WC(Non Fatal) Application No. 45/2008 dated 02.11.2018 stands modified to the aforesaid extent. All other applications pending along with this application also stand disposed of. Direct service is permitted today. (NIRZAR S. DESAI,J) Raj S. Dhobi