1 ca 9213.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9213 OF 2011 IN FIRST APPEAL NO. 3006 OF 2008 Sk. Feroz Sk. Babumiyaan .. Applicant Versus M/s. National Insurance Co. Ltd. and another .. Respondents Shri P. B. Rakhunde, Advocate h/f Shri S. B. Bhapkar, Advocate for the Applicant. Shri V. N. Upadhye, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 16TH SEPTEMBER, 2011. PER COURT : . The present civil application is moved for modification of order dated 15.04.2011 passed in Civil Application No. 7834 of 2008. By the said order the applicant was allowed to withdraw 50% of the amount on furnishing undertaking to this Court. 2. Shri Rakhunde, the learned counsel holding for Shri 2 ca 9213.11 Bhapkar, the learned counsel for the applicant submits that amount is lying with the Commissioner Workmen's Compensation, as such the applicant be allowed to furnish/tender the undertaking before the Commissioner. 3. The learned counsel for the non applicant No. 1 has no objection for the same. In view of that the order dated 15.04.2011 in Civil Application No. 7434/2008 is modified as under : In para 3 of the said order the following modification is made. The applicant is allowed to withdraw 50% of amount on furnishing an undertaking before the Commissioner Workmen's Compensation, where the said amount is lying instead of furnishing an undertaking to this Court. Necessary correction be made in order dated 15.04.2011. The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11