1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.2285 OF 2009 IN FIRST APPEAL NO.136 OF 2008 M/s. Eagle Steel Ltd. & Anr. ...Applicants. v. Shri Mohan Shah ...Respondent. Mr.Abhinandan B. Vagyani, adv. For the Appellants. Mr.S.M.Mangaonkar, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 9th September , 2009 P.C. 1 Commissioner Workman’s Compensation had passed award in favour of the respondent and as per that award, appellant/applicant has deposited Rs.7,11,197/-. This Court had permitted respondent to withdraw amount of Rs.50,000/- without security and further amount of Rs.1.50 lakh by furnishing security. The Commissioner Workman’s Compensation passed the order dated 14.1.2009 allowing the respondent to withdraw the amount of Rs.1.50 lakh merely on giving undertaking on stamp paper to deposit amount of Rs.1.50 lakh. Accordingly, the amount has been withdrawn. This application is filed by the application seeking direction that respondent should be asked to furnish bank guarantee for 2 the amount of Rs.1.50 lakh as he may not be in a position to bring back the amount if the order is modified. It appears that the respondent has produced a certificate from Gram Panchayat which only indicates that he is living as tenant of one Narayan Bhoir and that certified was issued only for the purpose of opening bank account and for no other purpose. Commissioner Workman’s Compensation has not considered these aspects before allowing him to withdraw whole of the amount. 2 The learned counsel for the respondent states that out of the amount of Rs.2 lakhs withdrawn by the respondent, he has invested Rs. 1.25 lakh in fixed deposit for a period of three years with Bank of India and he has produced xerox copy of the said FDR. He is willing to deposit the said FDR with the Court. Taking into consideration the fact that the award, which has been passed in favour of the respondent is for the amount of more than Rs.7 lakh and the fact that amount of only Rs.2 lakh is withdrawn by him and out of that amount, he has invested Rs. 1.25 lakh in fixed deposit, in my considered opinion, following order will meet the ends of justice. 3 Respondent shall deposit fixed deposit receipts of the Bank of India with the Commissioner Workman’s Compensation within two weeks and the said amount shall not be allowed to be withdrawn without 3 any further order from this Court. 4 Application stands disposed off accordingly. (J.H. BHATIA,J.)