1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 9. CA/7122/2009 In FAST/13658/2009 WITH CA/7123/2009 In FAST/13658/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.T.Sakolkar, Adv., for the applicant. ... CORAM: K.U.CHANDIWAL, J. DATE: 18/7/2009 P.C.:- 1. Heard learned Counsel for the appellant. There is delay of 98 days in seeking to challenge the order passed by the learned Commissioner under Workmens Compensation Act. The official hassels, the appellant being a cooperative sugar factory, has added to the agony. The delay is not deliberate. It is condoned. Application ( CA No.7122/2009) allowed. 2. Heard learned Counsel for the appellant. The appellant feels aggrieved by the award, including penalty and interest. The Counsel submits, in any eventuality, the appellant will not 2 be liable to answer interest and penalty. This aspect needs consideration and hence the learned Commissioner, while allowing the claimants to withdraw the amount, shall take care not to allow the amount covered under interest and penalty to be withdrawn till the next date. Notice in the appeal and stay petition. S.O. to 8th Oct.,2009. (K.U.CHANDIWAL) JUDGE agp/ca7122-09