( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12666 OF 2009 IN FIRST APPEAL NO. 1099 OF 2008 Ashok Dayaram Salunke & others. APPLICANTS VERSUS New India Assurance Co. Ltd. and another. RESPONDENTS ..... Miss R.P. Hardas, advocate holding for Mr. C.R. Deshpande, advocate for the applicants. Mr. S.L. Kulkarni, advocate for the respondent No.1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th December, 2009] PER COURT : 1. Heard learned counsel. 2. The application is for withdrawal of the amount pertaining to compensation awarded by the Workmens Compensation Commissioner. The order of Workmens Compensation Commissioner is subject matter of challenge in the appeal preferred by the Insurer. According to the appellant, there was no employer-employee relationship between original opponent No. 1 and the deceased. The ( 2 ) mother of the deceased i.e. original applicant No. 2 admitted during course of cross-examination that he was employed with Prajapita Bramhakumari Aashram. Considering this admission, it would be appropriate to consider the merits of the appeal instead of allowing the withdrawal of the amount. The application is, therefore, dismissed and the first appeal itself is scheduled for final hearing on 6th January, 2010. 3. The record and proceedings be called. No paper-book is necessary. Print is dispensed with. [ V.R. KINGAONKAR ] JUDGE NPJ/ca12666-09