{1} Civil Application No.3396/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3396 OF 2011 IN FIRST APPEAL NO.1196 OF 2011 Dyanyogi Shri Shivkumar Swamiji Sugar Ltd., APPLICANT VERSUS Muktabai Hona Rathod & others RESPONDENTS ....... Mr.A.V.Rakh, Advocate for the applicant Mr.S.J.Salunke, Advocate for original claimant Mr.A.S.Deshpande, Advocate for R-4 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. By this application, the applicant has prayed for stay to the impugned judgment and order passed under the Workmen’s Compensation Act. In view of provisions of section 30 (1) (a) of the said Act, it is mandatory for the employer to deposit the amount under award before filing appeal. No such certificate is annexed with the present application and hence no stay can be granted to {2} Civil Application No.3396/2011 the impugned judgment and award. Consequently, the application stands dismissed. It is, however, made clear that if the applicant deposits the entire amount under award and produces certificate from the Commissioner, then the applicant is at liberty to file a fresh application seeking stay to the impugned judgment and order. [A.V.POTDAR, J.] drp/B11/ca3396-1 {3} Civil Application No.3396/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1203 OF 2011 United India Insurance Company Ltd., APPELLANT VERSUS Muktabai Hona Rathod & others RESPONDENTS ....... Mr.S.G.Chapalgaonkar, Advocate for the appellant Mr.S.J.Salunke, Advocate for respondent No.1 Mr.A.V.Rakh, Advocate for respondent No.3 Mr.A.S.Deshpande, Advocate for R-4 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. Heard. Admit. Mr.Salunke, learned counsel, accepts notice of admission of the appeal for respondent No.1 Mr.Rakh for respondent No.3 and Mr.Deshpande for respondent No.4. Notice of respondent No.2, returnable on 06.03.2012. [A.V.POTDAR, J.] drp/B11/ca3396-1 {4} Civil Application No.3396/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3636 OF 2011 IN FIRST APPEAL NO.1203 OF 2011 United India Insurance Company Ltd., APPLICANT VERSUS Muktabai Hona Rathod & others RESPONDENTS ....... Mr.S.G.Chapalgaonkar, Advocate for the applicant Mr.S.J.Salunke, Advocate for respondent No.1 Mr.A.V.Rakh, Advocate for respondent No.3 Mr.A.S.Deshpande, Advocate for R-4 ....... [CORAM : A.V.POTDAR, J.] DATE: 13 th December 2011 PER COURT: 1. By this application, the applicant, insurance company, seeks stay to the execution of the judgment and award impugned in the first appeal. It appears that interim stay was granted on 25.03.2011 for a period of 5 weeks. Considering the fact that the applicant has deposited the amount of award and annexed certificate to that effect, the interim stay is hereby confirmed. {5} Civil Application No.3396/2011 There shall be stay to the impugned judgment and award till the disposal of the appeal so far as applicant insurance company is concerned. Civil application allowed accordingly. [A.V.POTDAR, J.] drp/B11/ca3396-1