(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7989 OF 2009 General Manager, Godavari Shugar Mills Ltd., Unit No.3 on rent basis, Pratapgad Sahkari Sakhar Karkhana Ltd., Songaon, Karandoshi, Taluka : Jawali, Dist. Satara, Through known person viz. Deepak Popatrao Nibalkar, Age : 32 years, Occupation : Service, R/o. Pratapgad Sahkari Sakhar Karkhana Ltd., Songaon, Karandoshi, Taluka : Jawali, Dist. Satara. .. Petitioner. versus 1. Bhaskar s/o. Ramling Waghmare, Age : 45 years, Occupation : Sugarcane Cutter, R/o. Borphadi, Taluka & District : Beed. 2. Prashant s/o. Bhaskar Waghmare, Age : 2 years, Minor, U/G. of father, D.H. No.1, R/o. as above. 3. Rohidas s/o. Balbhim Kute, Age : Major, Occupation : Sugarcane Cutter, Contract, R/o. Borphadi, Taluka & District : Beed. .. Respondents. (2) .......................... Mr. B.B. Yenge, Advocate, for the petitioner. Mr. S.B. CHoudhari, Advocate, for respondent nos.1 and 2, caveators. .......................... CORAM : B.R. GAVAI, J. DATE : 10TH DECEMBER 2009. COURT'S ORDER : 1. The petitioner is seeking to challenge a direction issued by the learned Civil Judge (Senior Division), Beed, in Special Darkhast No. 16/2009, Exhibit "C" to the petition, vide which an amount of Rs. 3,43,101/- has been directed to be attached from the bank account of the petitioner. 2. In a workman compensation claim filed by the respondents, an ex parte award has been passed. An application for setting aside the said award, along with an application for condonation of delay is filed. The same is yet to be decided. 3. Mr. B.B. Yenge, learned Counsel appearing for the petitioner, submits that the learned Civil Judge (Senior Division) has (3) totally erred in directing the amount to be attached, inasmuch as, the application for condonation of delay and an application for setting aside the award are already pending. He further submits that the respondents claimants have already filed an application for withdrawal of the amount and if the amount is permitted to be withdrawn, it will seriously prejudice the rights of the petitioner in the proceedings that are filed on behalf of the petitioner. 4. Admittedly, an award has already been passed against the petitioner. The application for setting aside ex parte award and for condonation of delay in filing the said application are pending before the learned Civil Judge (Senior Division). However, that does not mean that the learned Civil Judge (Senior Division) cannot take any steps for execution of the award passed by him. In that view of the matter, I do not find the apprehension in that regard is well founded. 5. In so far as the second grievance of the petitioner is concerned, the application of the respondents claimants for withdrawal of the amount is not yet decided by the learned Civil Judge (Senior Division). As such, as on today, there is no cause of action for the petitioners to approach this court merely on an apprehension. I find that the present petition is wholly unwarranted apart from it being totally premature in nature. 6. Hence, the petition is dismissed with costs which are quantified at Rs. 15,000/- (Rupees fifteen thousand). The costs shall be deposited by the petitioner, within a period of four weeks from today, in (4) the court of Civil Judge (Senior Division), Beed. On deposit of costs, the respondents claimants shall be at liberty to withdraw the same. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7989