1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11809 OF 2009 IN FIRST APPEAL (ST.) NO. 9406 OF 2008 (R.C. NO. 1058 OF 2009) Raosaheb Kundlik Shinde ...Applicant Versus Mandakini w/o Satish Bhanvase and others ...Respondents ..... Mr. A.V. Patil, advocate for the applicant Mr. A.S. More, advocate for respondent No. ..... CORAM: R.G. KETKAR, J. DATED: 19TH NOVEMBER, 2009 PER COURT:- 1 By this application, permission is sought to withdraw the amount of Rs.25,000/-, which was deposited towards the statutory deposit as per Section 173 of the Motor Vehicles Act, 1988. 2 Heard Shri Patil, learned counsel in support of this application. He submitted that in filing the appeal, there was delay of 219 days. An application for condonation of delay was dismissed by this Court (K.U. Chandiwal, J.) on 20.4.2009. Since the appeal itself was not entertained, he seeks permission to withdraw the amount. 3 On the other hand, Shri More, learned counsel for respondent Nos. 2 1 to 3, original claimants, submitted that the appeal was preferred against the order passed by the Tribunal under Section 140 of the M.V. Act, 1988. The applicant is owner and respondent Nos. 1 to 3 have not received no fault liability amount. Shri Patil, submitted that the respondent Nos. 1 to 3 have taken out Darkhast proceeding and the same is dismissed in default. 4 I have heard learned counsel for the parties. It is not in dispute that the proceedings of M.A.C.P. No. 201 of 2006 are pending before the learned M.A.C.T. Osmanabad. It is also not in dispute that in the accident, death of Satish Bhanwase occurred. It is also not in dispute that respondent Nos. 1 to 3 have not received no fault liability amount either from the applicant or from respondent No.4 Insurance company. Undoubtedly, the Darkhast proceeding filed by respondent Nos. 1 to 3 is dismissed in default. Nonetheless, in my opinion, the interest of justice, would be met if the following oder is passed; The amount of Rs.25,000/-, deposited by the applicant in this Court, be transmitted to the M.A.C.T. Osmanabad, where M.A.C.P. No. 201 of 2006 is pending. The Tribunal will be at liberty to pass appropriate orders. Civil application stands disposed of in the aforesaid directions with no order as to costs. (R.G.KETKAR, J.) rlj/