-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1031 OF 2008 APPLICATION NO.1031 OF 2008 APPLICATION NO.1031 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.1078 OF 2004 APPEAL NO.1078 OF 2004 APPEAL NO.1078 OF 2004 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.Kailash Sawant h/f Mr.Uday Warunjikar for the Applicant Mr.Y.M.Pendse for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. The Applicant is the Appellant in the First Appeal. The challenge in the First Appeal is to the Judgment and Order passed by the learned Commissioner for the Workmen’s Compensation. On the 9th February 2007, the Appeal was admitted. This court passed a conditional order recording that if the certificate regarding deposit of the amount as required under proviso to section 30 of the Workmen’s Compensation Act,1923 is not produced within a period of six weeks from that date, the Appeal will stand dismissed for non prosecution -2- without further reference to the court. 2. Out of the amount payable under the Judgment and Order, it appears that only a sum of Rs.1,00,000/- was deposited by the Applicant with the learned Commissioner on 29th February 2004. When this Appeal was placed before this Court on 30th October 2007, it was brought to the notice that the conditional order dated 9th February 2007 was not complied with. 3. Prayer in this application is for restoration of the Appeal by granting exemption from the requirement of producing the certificate of deposit. It is obvious that in accordance with the mandatory provision of the statute the Applicant has not deposited the entire amount due and payable as per the impugned Judgment and Order. The Application for restoration cannot be entertained only on the ground that even till today, the applicant has not complied with the conditional order dated 9th February 2007. Hence, Application is rejected. -3- JUDGE JUDGE JUDGE