spb/- 1 ca4001-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIIL APPLICATION NO. 4001 OF 2010 IN FIRST APPEAL NO. 799 OF 2010 Shri Kisanrao alias Krushna Shanrao Hanpude & Anr. ... Applicants. Vs. Shri Prakash Bimrao Hanpude ... Respondent. --- Mr. Rahul More i/by U.P.Warunjikar for the Applicants. Mr. Priyal G. Sarda for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 10th JANUARY, 2011. P.C. 1 Heard Mr.Rahul More, learned counsel for the applicants. 2 This application is for restoration of an Appeal which has been dismissed by reason of a self operative order dated 9th September, 2010. The appeal is directed against an order passed by the Commissioner under Workmen’s Compensation Act, 1923. Section 30(1) of the Act provides that an appeal by an employer under clause (a) of sub-section (1) of Section 30 shall not lie unless memorandum of appeal is accompanied by a certificate of the Commissioner regarding deposit of the amount payable under the order appealed against. Since the appellants had not spb/- 2 ca4001-10.sxw annexed certificate of deposit, the appeal was liable to be dismissed. However, this court showed indulgence and by its order dated 9th September, 2010, granted two weeks time to the appellants to produce the certificate and comply with the provisions of section 30 of the Workmen’s Compensation Act. The order provided that if the compliance was not made, the appeal shall stand dismissed for non- prosecution without further reference to the court. Since the order was not complied and the certificate was not produced within two weeks, as directed by the court by reason of self operative order dated 9th September, 2010, the appeal stood dismissed. 3 The applicants have now made an application for restoration of the appeal. The learned counsel for the applicants submits that the applicants have deposited on 30th November, 2010 the entire amount of compensation and interest as ordered by the Commissioner for Workmen’s Compensation and though there has been delay in not depositing the amount within two weeks, the delay may be condoned and the appeal may be restored. 4 Copies of the two certificates now tendered by the appellants show that the appellants have deposited principal sum of Rs.,1,68,557/- spb/- 3 ca4001-10.sxw on 6th November, 2008 and Rs.22,312/- towards interest in two instalments i.e. Rs. 20,570/- deposited on 8th December, 2010 and Rs. 1,742/- deposited on 30th November, 2010. In my view the appellants have still not deposited the entire amount and have not complied with the conditional order of this court. The order of the Commissioner for Workmen’s directed the appellants to pay principal amount of Rs. 1,68,557/- with interest at 6% per annum thereon from the date of notice dated 22nd February, 2005 till realization. It is not disputed that the amount of interest on the principal amount for the period between 22nd February, 2005 till 6th November, 2008 comes to Rs. 37,008/-, however, the amount of interest deposited by the appellants is Rs.22,312/- only. Thus even till today the order of this court dated 9th September, 2010 directing the appellants to deposit the entire money as per the order of the Commissioner for Workmen’s is not complied with. Hence, question of granting the application for condonation of delay in depositing the amount and/or recalling the order dated 9th September,2010 does not arise. The application for condonation of delay is hereby rejected. The order of dismissal of the Appeals dated 9th September, 2010 stands confirmed. [D.G. KARNIK, J.]