FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12478 OF 2009 IN FIRST APPEAL NO. 2131 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is taken out by the respondents-original claimants for permission to withdraw the amount deposited by respondent No.1 herein. The applicant had filed claim petition No. 286 of 2004, before the M.A.C.T. Osmanabad claiming compensation of Rs.5.00 lacs on account of permanent disability suffered by him in an accident that took place on 16.6.2004. By judgment and award dated 4.5.2009, the Tribunal partly allowed the claim petition and held that the applicant is entitled to compensation of Rs.4,59,000/- together with interest @ 7.5% which includes of N.F.L. amount of Rs.25,000/-. Respondent No.1 preferred first appeal No. 2131 of 2009. By order dated 10.9.2009, in the first appeal, the Court granted ad-interim relief of stay subject to the condition of respondent No.1 herein, depositing the balance amount in this Court. Pursuant to the order of this Court, the respondent No.1 deposited Rs. 4,09,000/- in this Court. This application is moved by the claimants for withdrawal of the amount deposited by the Insurance Company. I have heard Shri. Kulkarni, learned counsel for the applicant, Shri. Kanade, learned counsel for respondent No.1-Insurance Company and Shri Chavan, learned counsel for respondent No.2. Considering the controversy raised in the appeal as also considering the fact that the applicant-claimant is gainfully employed, the following order will meet the ends of justice. The applicant is permitted to withdraw Rs.2,00,000/- on furnishing solvent security to the satisfaction of the Registrar of this Court. The balance amount of Rs.2,09,000/- shall be invested in fixed deposit, in any Nationalized Bank, initially for a period of one year, which will be renewed during pendency of the first appeal. Civil application stands disposed of. (R.G. KETKAR, J.) Date:15.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 2131 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on Board. Mentioned. By consent the appeal is taken up for admission. Heard Shri. Kanade, learned counsel for the appellant, Shri Kulkarni, learned counsel for respondent No.1 and Shri Chavan, learned counsel for the respondent No.3. Admit. Learned counsel waive service on behalf of respondents 1 and 3. Printing dispensed with. Appellant to prepare private paper book within three months. (R.G. KETKAR, J.) Date:15.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8370 OF 2009 IN FIRST APPEAL NO. 2131 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is for stay of the execution of judgment and award dated 4.5.2009, passed by the learned M.A.C.T. Osmanabad in M.A.C.P. No. 286 of 2004. Heard learned counsel for the parties, there shall be interim order in terms of prayer clause "B". Civil application stands disposed of with no order as to costs. (R.G. KETKAR, J.) Date:15.12.2009. rlj/