IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 60 CIVIL APPLICATION NO. 10675 OF 2026 IN FAST/8349/2025 Priti Chandrakant Sotre And Ors. VERSUS Deputy Collector E G S, Dist Collector Office Campur Aurangabad And Ors. ... Advocate for Applicant : Mr. Jadhav Pandharinath Ramrao AGP for Respondents-State: Ms. M. L. Sangeet Advocate for Respondent No.3 : Mr. Avinash Katkar Advocate for Respondents No.4 and 5 : Mr. S. M. Ganachari ... WITH CIVIL APPLICATION NO. 3093 OF 2025 IN FAST/8349/2025 WITH CIVIL APPLICATION NO. 3090 OF 2025 IN FAST/8349/2025 WITH CIVIL APPLICATION NO. 3092 OF 2025 IN FAST/8349/2025 WITH CIVIL APPLICATION NO. 3121 OF 2025 IN FAST/8349/2025 … CORAM : ROHIT W. JOSHI, J. Dated : September 29, 2026 ORDER : 1. Civil Application No.3090 of 2025 is filed seeking condonation of delay of 579 days in filing an appeal under Section 30 of the Employees' Compensation Act, 1923. 2. The appeal is filed in order to challenge the judgment and award dated 12/06/2023 passed by the learned Labour Court No.1, Aurangabad in Application WCA (C) No.13 of 2015. Page 1 of 4 2026:BHC-AUG:45367 60 CA 10675-2026 3. It is stated in the application that after the said proceedings were decided by the learned Labour Court on 12/06/2023, the Government Pleader forwarded an opinion dated 08/09/2023 for filing first appeal to the Collector. It is stated that on 09/12/2024, an application for certified copy was made and the certified copy was received on the next day, that is, on 10/12/2024. 4. It is again stated that after receiving the certified copy, the first proposal was prepared by the office of the Government Pleader on 11/12/2024 and forwarded to the Department of Law and Judiciary. It is informed that the proposal was initially rejected and, therefore, a second proposal was forwarded on 31/12/2024, pursuant to which approval for filing appeal was granted on 03/01/2025. 5. Perusal of the office record indicates that the appeal is filed on 13/03/2025. However, the statutory deposit as contemplated under the proviso to Section 30 is made on 05/02/2026. Deposit of the amount of compensation awarded by the Compensation Commissioner is a mandatory pre-requisite for filing of an appeal under the EC Act, 1923. By now, it is well settled that if an appeal is filed without making statutory deposit, the filing of the appeal is inconsequential. Page 2 of 4 60 CA 10675-2026 6. In cases where the mandatory deposit is made after filing of the appeal, the date of deposit of the amount, at best, can be considered to be the date of filing of the appeal. In the present case, although the appeal is physically filed on 13/03/2025, the actual date of filing will have to be considered as 05/02/2026 i.e. the date of deposit of the amount in compliance with the mandate of the proviso to Section 30. The delay is counted only till 13/03/2025 which is also incorrect. Delay shall be counted till the date of deposit of amount which is after a period of around 11 months from the date of actual filing of appeal. 7. Perusal of the application for condonation of delay will demonstrate that there is no explanation at all for the delay of 15 months in moving the application for grant of certified copy or for not depositing the amount with the learned Compensation Commissioner earlier, when the appeal was filed. In view of the aforesaid, the contents of the application, taken on their face value, do not make out a case for condonation of inordinate delay of 579 days and further period of around 11 months till deposit of the amount with the learned Commissioner of Compensation. 8. The application for condonation of delay is, therefore, rejected. All pending civil applications stand disposed of. Page 3 of 4 60 CA 10675-2026 9. Civil Application No.10675 of 2026. Since Civil Application No.3092 of 2025, filed for condonation of delay is rejected, the respondents/original claimants are at liberty to withdraw the amount of compensation deposited by the appellant with the learned Compensation Commissioner. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 4 of 4