1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7687 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 7687 OF 2010 *** 1. Heard Advocate Mr. Bhumkar for the Petitioner, Advocate Mr. Deshmukh for Respondent No.4 and Advocate Mr. D. M. Autade for Respondent Nos.1 to 3. 2. Commissioner for Workmen Compensation has on 2nd September, 2009 found petitioner and Respondent No.4 jointly and severally liable to pay compensation to present Respondent Nos.1 to 3. Thereafter, present petitioner moved application before that Commissioner and sought clarification on joint and several liability. That application came to be rejected on 23rd March, 2010 and, thereafter present petition has been filed. 3. Shri Bhumkar contends that Thresher machine belonging to the Petitioner was 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7687 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. unauthorisedly carried away by Respondents and hence no liability could have been fastened upon him. He further contends that in any case, the liability could not have been in excess of fifty per cent. He contends that if liability is reduced to fifty per cent the petitioner may consider discharging the same. 4. Shri Deshmukh, appearing for Respondent no.4, contends that there is no question of unauthorised removal of thresher machine. 5. Shri Autade contends that neither petitioner nor Respondent No.4 have deposited any amount and claimants have failed to receive any benefit. Contention of Advocate Mr. Bhumkar cannot be gone into in this petition. 6. Provisions of section 30 of Workmen 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7687 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Compensation Act permit remedy of appeal to petitioner and petitioner has to exhaust it. Hence, without observing anything more on the controversy, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:26/04/2011. ans/7687