: 1 : 4906-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4906 OF 2011 IN FIRST APPEAL NO. 1697 OF 2008 The Commissioner Municipal Corporation Greater Mumbai .. Appellant v/s. Smt. Imambai Babu Shaikh & Ors. .. Respondents ......... Mr. Y.M. Parkar for the appellant Mr. Vinod Mahadik Appellant BMC in FA-1697/08 Mr. A.M. Gokhale i/b Mr. M.B. Kotak for respondent nos. 1 to 4. ......... CORAM : A.V. NIRGUDE, J DATE : 23rd NOVEMBER,2011. P.C. : 1. This application seeks withdrawal of the amount deposited by the appellant in the lower Court before filing of this appeal. This appeal is filed against the award dated 26th October, 2007 passed by the learned Commissioner for Workmen Compensation, Mumbai in Application No. 121-B-20/03. The award was allowed against the appellant though there : 2 : 4906-11-caf=.sxw were two other opponents who are now respondent nos. 5 and 6. The appellant disputed his liability and is trying to suggest that the liability of compensation is that of respondent nos. 5 and 6. The appeal was admitted. At that time, the applicants who are respondent nos. 2 to 4 were minor. The amounts payable to them or ordered to be invested in nationlized bank as fixed deposit. Now the applicants respondent nos. 2 to 4 are major and want to withdraw the amount. Having regard to the peculiar dispute between the appellant and the respondent nos. 5 and 6, I am inclined to release the amount in favour of the applicant respondent nos. 2 to 4. The application is allowed. The lower Court shall release the amount of compensation kept in fixed deposit along with interest thereon to the applicants / respondent nos. 2 to 4. (A.V. NIRGUDE, J.)