1 62-IA-185-2026 (C) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 185 OF 2026 IN FIRST APPEAL NO. 185 OF 2026 Shri. Santosh Shriram Shirgaonkar & Ors. …...Applicants Vs. Dr. Shri. Sonal Dilip Kadam …...Respondent WITH INTERIM APPLICATION NO. 10375 OF 2025 IN FIRST APPEAL NO. 185 OF 2026 Dr. Shri. Sonal Dilip Kadam ........Applicant Vs. Shri. Santosh Shriram Shirgaonkar & Ors. .......Respondents ... Mr. Rahul Walvekar with Mr. Kunal Nalwade, Advocate for Applicant. Mr. Jayant J. Bardeskar (through VC) with Mr. Nakul Shukla, Advocate for Respondent Nos.1 in FA (st) No.17939 of 2025 and Applicant in IA. No.185 of 2026. … CORAM : SHAILESH P. BRAHME, J. DATE : 24TH SEPTEMBER, 2026. ORDER : FIRST APPEAL NO. 185 OF 2026: . It transpires from the brief submissions by the parties that the Appellant has deposited an amount of Rs.7,50,657/-, which is not in consonance with the proviso to sub-section (1) of Section 30 of the 2 62-IA-185-2026 (C) Workmen’s Compensation Act, 1923. The Appellant seeks time to take necessary steps to comply with the statutory requirement. 2. Stand over to 22.10.2026. 3. Interim relief, if any, granted earlier to continue till then. 4. It is made clear that, if the requisite compliance is not made before the next date of hearing, the First Appeal shall be liable to be dismissed. INTERIM APPLICATION NO. 185 OF 2026: . The Applicant seeks withdrawal of the amount of Rs.7,50,657/- deposited by Respondent No.2- Sonal Dilip Kadam, the principal employer. For the reasons stated in the Application, disbursement of the said amount is solicited. 2. It is pointed out by the learned counsel for the Petitioner that the Appeal itself is not maintainable for non-compliance with Section 30(1) of the Workmen’s Compensation Act, 1923, as the entire amount awarded has not been deposited. 3. Learned counsel appearing for Respondent No.1 submits that his client is not liable to pay the compensation, as there is no employer-employee relationship between the parties. He further submits that the Appeal preferred by his client involves substantial 3 62-IA-185-2026 (C) questions of law. He seeks time to deposit the balance amount. 4. It is the statutory mandate under Section 30 to deposit the amount payable under the order appealed against. In the present case, the amount towards penalty and interest has not been deposited. 5. This Court granted interim relief on 01.08.2025, which continues to operate till date. Respondent No.1 has sought time to deposit the balance amount. 6. Prima facie, the issue regarding the employer-employee relationship has been dealt with by the Court, and judgments have also been relied upon. By implication of Section 12 of the Act, the liability extends to Respondent No.1. In that view of the matter, I propose to allow the Application. 7. The Civil Application is allowed partly. 8. The Applicant shall be disbursed the amount of Rs.7,50,657/- along with accrued interest, upon furnishing an undertaking to the satisfaction of the Commissioner. [ SHAILESH P. BRAHME J. ] Suresh