Mrs. Rekha @ Neha Avinash Ghongadi v. Smt. Geeta Kashinath Wankhede And Others

caf 2472.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2472 OF 2019 in FIRST APPEAL (ST.) NO. 6717 OF 2019 [Mrs. Rekha @ Neha Avinash Ghondadi Vs. Smt. Geeta Kashinath Wankhede and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri P. R. Puri, Advocate for the appellant CORAM : M. G. GIRATKAR, J.

DATE : 03/07/2019 Heard learned Advocate Shri Puri for the appellant. He seeks permission to file the appeal without any deposit of the amount.

The present application is moved by the owner without any certificate of the Commissioner in respect of deposit of payment of compensation.

As per the provisions of Section 30, sub-section (1), sub-clause (3) of the Employee's Compensation Act, 1923, appeal cannot be entertained without any certificate by Commissioner stating therein that employer has deposited the amount payable under the order appealed against.

caf 2472.2019.odt Proviso of sub-section (1) of Section 30 of the Employee's Compensation Act, 1923, reads as under: "Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against".

There is no dispute that appellant has not deposited any amount before the Commissioner. The appellant has not filed any certificate as per the mandatory provisions of Proviso of sub-section (1) of Section 30 of the Employee's Compensation Act, 1923.

Hence, the present application is not tenable, therefore, the application is rejected.

JUDGE SMGate