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1996 Supreme(AP) 307

AVINASH SOMAKANT BHATE, S.PARVATHA RAO
Mahendra Kumar – Appellant
Versus
Real Autonagar – Respondent


S. PARVATHA RAO, J.

( 1 ) THE Letters patent Appeal is preferred questioning the order of the learned single Judge dated l3-3-1992 in C. M. P. Nos. 4553 and 6078 of 1991 making absolute the interim stay granted on 2-4-1991 in C. M. P. No. 4553 of 1991 in C. M. A. No. 464 of 1991 with certain modifications by directing the appellant in the C. M. A to deposit 50% of the compensation before the competent authority i. e. , the Commissioner of Workmen s compensation, within two weeks and making it clear that in the event of appellant failing to deposit the said amount, the interim stay would stand vacated and also that on such deposit being made, the workman, i. e. , the second respondent in the C. M. A. , would be at liberty to withdraw the same without furmshing security. From this it is obvious that C. M. A. No. 464 of 1991 has been preferred by the employer without complying with the requirements of the third proviso to sub-section (1) of Section 30 of the Workmen s Compensation Act, 1923 ( the act for short) which requires as follows:"provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompained by a certificate by the Com




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