1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2305 of 2008 M/s.Megha Link Coire Rope, Partner Shaligram B. Pandey .. Appellant versus Shankar Govind Yadav .. Respondent ... Mr.Amol B. Desai for the appellant. CORAM : D.G. KARNIK, J DATED : 19th December 2008 P.C.: 1. Heard learned counsel for the appellant. 2. The appellant has not complied with third proviso to sub-section (1) of section 30 of the Workmen’s Compensation Act in as much as the appeal is not accompanied by a certificate of the commissioner that the appellant has deposited with him the amount payable under the order appealed 2 against. 3. In view thereof, appeal is not maintainable. Realising this difficulty, learned counsel for the appellant seeks leave to withdraw the appeal with liberty to file fresh appeal after complying the third proviso of sub-section (1) of section 30. Leave granted. Appeal is disposed of as withdrawn with liberty as above. (D.G. KARNIK, J)