:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1694 OF 2008 Shri Amol Jaypal Adake ..Petitioner Vs. Mohiddin Ismail Fakir and ors. ..Respondents Mr. Anil Shetye i/by Mr. Amit Borkar for petitioner. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : March 17, 2008. Date : March 17, 2008. Date : March 17, 2008. P.C.: P.C.: P.C.: 1. The application for accident claim filed under the Workmen’s Compensation Act, 1923 came to be allowed by the Commissioner for Workmen’s Compensation at Kolhapur vide his award dated 13/10/2005 and the said award is in two parts. In the first part, the original claim amount is determined at Rs.2,15,280/- which has already been deposited by the Insurance Company and the second part, on the said amount of Rs.2,15,280/- interest at 12% p.a. from 4/4/2001 till 31/12/2003 has been directed to to deposit by the opponent no.1 i.e. the present petitioner and in :2: addition also directed to deposit amount of Rs.75,000/- by way of penalty. 2. The petitioner who is Opponent No.1 has the remedy of filing an appeal under Section 30 of the Workmen’s Compensation Act and when such a statutory remedy of appeal is available, a writ petition is not maintainable. The petitioner by filing an application for restoration of the application has tried to by-pass the remedy of appeal by challenging the order passed by the learned Commissioner on 19/10/2007 whereby the said application for restoration has been rejected. 3. Hence, the petition is rejected with liberty to the petitioner to file an appeal under Section 30 of the Workmen’s Compensation Act. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)