902-IA-4199-26 IN FA.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 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 Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.09.24 19:38:04 +0530 902-IA-4199-26 IN FA.DOC 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is suffering from various health ailments and, therefore, it is imperative that some amount be permitted to be withdrawn by him to meet the aforesaid expenses. 6.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. Mane 902-IA-4199-26 IN FA.DOC 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 Mane 902-IA-4199-26 IN FA.DOC 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.) Mane