1 caf4806-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4806 OF 2010 IN FIRST APPEAL NO.978 OF 2010 Raosaheb Pandit Patil and Anr. .. Applicants Vs. Union of India .. Respondent Mr.Suresh M. Payak for the applicants Mr.T.J.Pandian for the respondent CORAM: K.K. TATED, J. DATE 12TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This Civil Application is preferred by original claimant for withdrawal of the amount deposited by respondent Union of India in this court. 3. A few facts of the matter are as under: 4. The applicant original claimant filed claim petition bearing O.A. no.217 of 2005 before the learned Member, Railway Claims Tribunal, Mumbai Bench, Mumbai claiming compensation. The said claim petition is decided by the original Tribunal on 03.02.2009 and held that the applicants are 2 caf4806-10 entitled Rs.4,00,000/- with interest @ 9% p.a. from the date of order till the the date of actual payment. 5. Being aggrieved by the same, respondent Union of India preferred First Appeal 978 of 2010. In the said appeal, this court (Coram:R.G.Ketkar, J.) by order dt.16.2.2010 directed respondent to deposit the entire decreetal amount. Thereafter the first appeal heard finally and disposed of on 26.7.10. 6. The present application is preferred by original claimant for withdrawal of the amount deposited by respondent Union of India in this court. The learned counsel appearing on behalf of respondent Union of India makes a statement that there is no appeal pending against the order dt.26.7.10 passed by this court in First Appeal No.978 of 2010. 7. In view of the above mentioned circumstances and the submissions made by learned counsel appearing on behalf of applicant, Civil Application is allowed in terms of prayer clause (a) which reads as under: (a) That this Hon ble Court be pleased to permit the ’ applicants to withdraw the amount of Rs.4,39,550/- which is deposited in this Hon ble Court. ’ 8. Office is directed to allow the applicant original claimant to withdraw the said amount without furnishing any security. 3 caf4806-10 9. Civil application is disposed of accordingly. (K.K. TATED, J.)