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High Court Of ChhattisgarhMAC/37/2021dismissed

Nand Kumar v. Naresh Kumar Sahu,

2021-02-23Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.C. No.37 of 2021 Nand Kumar, son of Mehattar Ram Sahu, aged about 51 years, R/o Village Bhendara, Block Kurud, District Dhamtari (CG). ---- Appellant

Versus

Naresh Kumar Sahu, son of Ganesh Ram Sahu, aged about 26 years, R/o Village Bhendara, Block Kurud, District Dhamtari (CG). ----Respondent --------------------------------------------------------------------------------------------- For Appellant :Mr. Kalpesh Ruparel, Advocate For Respondent : Not noticed --------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 23/02/2021

(1) Heard on I.A. No.1/2021, application for exemption from depositing amount of award under Section 30(1) third proviso of the Employees Compensation Act.

(2) As per the provisions of Section 30 of the Employee's Compensation Act, 1923, the appeal shall not lie if it is not accompanied by a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.

(3) In the case in hand, the appeal is preferred without such certificate. Earlier on 28.01.2021, this Court observed that the appellant is free

to deposit the amount under impugned judgement and file a certificate obtained from the Commissioner till 15.02.2021, but the appellant failed to do so.

(4) Looking to the provisions of Section 30 of the Employee's Compensation Act, 1923, I.A. No.1/2021 as well as the appeal are dismissed.

Sd/- (Sharad Kumar Gupta) Judge L/-