1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 444/2010 (The Director, the Waxpol Industries Limited VERSUS Rajendra Kisan Dhole) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Tushar Darda, counsel for the appellant. Shri A.H. Jamal, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 16, 2010 . Heard. The first appeal is ADMITTED on the following substantial question of law. I) Whether the case of the original applicant was based on falsehood as could be seen from the contents of the application that the deceased was the only son of the applicant and the affidavit filed by deceased’s brother Rajendra in 1999 stating therein that he was entitled to Provident Fund of the deceased as the deceased did not leave behind him any dependent parent and in such circumstances, whether the Court ought to have considered the evidence of the applicant with great caution ? II) Whether the matter needs to be remanded the the trial Court for granting an opportunity to the appellant to tender the oral and documentary evidence in the facts and 2 circumstances of the case ? Call for Record & Proceedings. Hearing expedited. C.A.F. NO. 1028/2010. Heard. The learned counsel for the applicant states that an amount of Rs.2,13,570/- has been deposited before this Court on 23.11.2009. The first appeal is admitted on substantial question of law. There is a possibility of the matter being remanded to the trial Court for granting an opportunity to the appellant to tender oral evidence on record. In such circumstances, the respondent- claimant/brother of the deceased is permitted to withdraw only an amount of Rs.50,000/- on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial). The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of three years and the same should be renewed from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE