.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4661 OF 2008 IN FIRST APPEAL NO. 1781 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.M.S. Topkar for the appellant. Mr.C.M. Kothari for the respondent. CORAM : D.G. KARNIK, J. DATE : 11TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. The total permanent disablement as held by the Commissioner is 34%. In the circumstances, prima facie, the respondent is entitled to at least 34% of the compensation and penalty amount as has been awarded. Regarding the liability to pay the rest of the amount, there is a dispute which raises a substantial question of law. In the circumstances, it would be appropriate to grant partial relief for payment of the amount of - 2 - compensation. Hence, I pass the following order:- ORDER ORDER ORDER The respondent is permitted to withdraw a sum of Rs.2,25,000/- out of the amount deposited with the Commissioner subject to his filing a personal bond to repay the money in the event so directed by this Court. The balance amount shall be invested in the State Bank of India initially for a period of 13 months or thereabout which would fetch good interest, to be renewed from time to time. 4. Civil application is disposed of. (D.G. KARNIK, J.)