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Conditional deposit short payment in hc

(Querist) 21 February 2018 This query is : Resolved 
Hi,
In HC , for granting stay of order ( of property Attachment by Lower court ) there was condition to deposit 50 %of award amount (INR 15,90,000 ) (in 2 weeks )
but petitioner deposit INR 7,00,000 and ask for extension to deposit -

Extension was allowed for 4 weeks , else stay will be vacate in extension order

Now petitioner deposit INR 8,45,000 in 4 weeks time
Petitioner deposit INR 45,000 less than amount mention in EP Warrant.(1590000-700000-845000)

Please advice me if stay can be vacate because of short amount
if yes, any case laws

I am respondent (laid off employee)

Thanks

Manoj

Guest (Expert) 21 February 2018
Seems to be a hypothetical academic query.

However, if there is any truth in your story, please clarify, what was the cause of arbitration between you as a laid off employee and the employer, where the arbitrator gave an award of Rs.31,80,000/- out of which 50% (Rs.15,90,000/-) was ordered by the court to be deposited? Also, was your company bankrupt that they could not deposit even the 50% amount of the award?
Guest (Expert) 21 February 2018
Your own lawyer can guide you very appropriately. Better rely on him. Also, it is the job of your own paid lawyer to make available the case laws, if needed in your case. You should not have expected any expert to do free service for your paid lawyer.


manoj (Querist) 21 February 2018
labour tribunal Court Passed award for INR 31,80,000
Company is financially sound
( but company paid to Mr X and he has paid in it in Labour court. I don't know the reason)
I think Arbitration clause is not in my case)
Guest (Expert) 21 February 2018
You seem to have amended your original query after my query and another query.
Anyway, have not yet clarified what was the case and on what account the labour court issued attachment order?
manoj (Querist) 21 February 2018
@ Jigyasu
Its Illegal employee layoff case. i was working as assistant manager Finance.
I file case under Industrial dispute act
manoj (Querist) 21 February 2018
@ Jigyasu
Its Illegal employee layoff case. i was working as assistant manager Finance.
I file case under Industrial dispute act
manoj (Querist) 21 February 2018
@ Jigyasu
Its Illegal employee layoff case. i was working as assistant manager Finance.
I file case under Industrial dispute act
manoj (Querist) 21 February 2018
hi Jigyasu
Its Illegal employee layoff case. i was working as assistant manager Finance.
I file case under Industrial dispute act
manoj (Querist) 21 February 2018
hi Jigyasu
Its Illegal employee layoff case. i was working as assistant manager Finance.
I file case under Industrial dispute act
manoj (Querist) 21 February 2018
sorry for multiple msg due to system problem
P. Venu (Expert) 23 February 2018
From the facts stated, the stay stands vacated. Instruct your advocate to proceed with the EP.
Ms.Usha Kapoor (Expert) 21 June 2018
I agree with Venu's opinion.


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