FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.11520 OF 2009 IN FIRST APPEAL (ST.) NO. 1171 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 applicant - original claimant for permission to withdraw an amount of Rs.79,898/- deposited by the respondent no.1 herein with the Commissioner under Workmen's Compensation Act, Ahmednagar. 2 Heard Shri Barde, learned Counsel for the applicant in support of this application and Shri Tungar, learned Counsel for respondent no.1. 3 By order dated 9th June, 2009, this Court gave liberty to the applicant herein to apply to the learned Commissioner under the Workmen's Compensation Act for withdrawal of the amount. Pursuant to that order, the applicant filed an application being Misc. W.C. No,23 of 2009 seeking permission to withdraw the said amount. After hearing the learned Counsel for the applicant and learned Counsel for respondent no.1, by order dated 5th May, 2009, the learned Judge, Labour Court, Ahmednagar allowed the application and directed the applicant to furnish bank guarantee of nationalized bank to the extent of Rs.79,898/- by the next date and after furnishing required bank guarantee, the application was to be placed for further orders. 4 Shri Barde, learned Counsel for the applicant submitted that the applicant was engaged as a labourer by respondent no.1 through the Contractor - respondent No.2 herein. She sustained injuries on account of the accident that took place on 27th February, 1996. Considering her status, she is not in a position to furnish bank guarantee. 5 After hearing the learned Counsel for the parties and considering the controversy raised in the appeal, I am of the opinion that the interest of justice would be served by permitting the applicant to withdraw an amount of Rs.25,000/- on furnishing an undertaking before the Commissioner under the Workmen's Compensation Act that in the event the respondent no.1 succeeds in the appeal, she will refund the amount together with interest that may be awarded by the Court at the time of final disposal of the appeal. On furnishing undertaking before the Commissioner under Workmen's Compensation Act, the Commissioner shall permit the applicant to withdraw the amount of Rs.25,000/- without insisting for any security. Rest of the amount should be deposited in Fixed Deposit in a nationalized Bank initially for one year and the same shall be renewed until advice from this Court. Civil Application is disposed with costs in cause. (R.G. KETKAR, J.) 02.12.2009. PLK/*