1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.8797 OF 2010 IN FIRST APPEAL NO.2150 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 21.10.2010. 1. Heard learned counsels for the parties. 2. This is an application for withdrawal of the amount of Rs.4,43,385/- (Rupees four lacs forty three thousand three hundred eighty five). The dispute is with regard to the relationship of an employer and the employee, so also the grant of penalty. The award is in favour of the claimants. So, prima facie, it will have to be observed that the claimants are entitled for the amount. The Commissioner has awarded an amount of Rs.2,95,590/- (Rupees two lacs ninety five thousand five hundred ninety), so also the penalty of 50% on the said amount and interest at the rate of Rs.9% p.a. Whether the claimants are entitled for penalty amount is a debatable issue. However, as far as the principal amount is concerned, I feel it appropriate to allow the claimants to withdraw the said amount. In the result I pass the following order : ORDER The original claimants are allowed to withdraw an amount of Rs.2,95,590/- (Rupees two lacs ninety five thousand five hundred ninety. The claimants shall withdraw an amount of Rs.1,50,000/- (Rupees one lac fifty thousand) on submitting an undertaking in the form of affidavit that in case the appeal is allowed and they are directed to deposit the amount, they would deposit the same within a period of one month. The remaining amount of Rs.1,45,590/- (Rupees one lac forty five thousand five hundred ninety), the claimants are allowed to withdraw on furnishing a solvent security of the like amount. The remaining amount of Rs.1,47,775/- (Rupees one lac forty seven thousand seven hundred seventy five) shall be kept in Fixed Deposit in any Nationalised Bank. The Civil Application is accordingly disposed of. (S.V.GANGAPURWALA,J.) Dt.21.10.2010. asp/office/Ca8797.10