1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.13743 OF 2010 IN FIRST APPEAL NO.595 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 21.10.2010. 1. This is an application for withdrawal of Rs.2,72,974/- deposited by the appellant. 2. Heard Mr.Kulkarni, learned counsel for the applicants and Mr.Chavan, learned counsel for the Respondent No.1. 3. Mr.Chavan, learned counsel states that the Commissioner has wrongly accepted the age of the deceased as 30 years when in fact, even the widow of the deceased in her evidence has admitted that the age of the deceased was 30 years in the year 1989. The accident has taken place in the year 1988 and further they would not be required to pay the penalty. 4. Prima facie, the award is in favour of the applicants. Even if the age is disputed, still, the applicant would be entitled for substantial amount. In light of the same, applicants are allowed to withdraw an amount of Rs.1,50,000/- (Rupees one lac fifty thousand) on furnishing an undertaking in the form of affidavit that in the event, this Court at the time of final disposal of the appeal holds the appellants not liable to pay the amount then the applicants shall deposit the amount within a period of one month from the date of the order. The applicants are allowed to withdraw remaining amount of Rs.68,379/- (Rupees sixty eight thousand three hundred seventy nine) on furnishing a solvent security of the like amount. The amount of Rs.54,595/- (Rupees fifty four thousand five hundred ninety five) awarded towards penalty may be fixed in Fixed Deposit in any Nationalised Bank. 5. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.21.10.2010. asp/office/Ca13743.10