1 ca 3479.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3479 OF 2011 IN FIRST APPEAL STAMP NO. 17495 OF 2010 Kaushalya Bhimrao Nawale and others .. Applicants Versus The Executive Director Saswad Mali Sakhar Karkhana Ltd. Solapur and others .. Respondents Shri D. R. Jayabhar, Advocate for Applicants. Shri G. K. Naik Thigle, Advocate for Respondent Nos. 1 and 2. Shri Sachin Deshmukh, Advocate for Respondent Nos. 3 and 4. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST APRIL, 2011. PER COURT : . This is an application for withdrawal of amount deposited by the appellant. The applicants are the original claimants who had filed the claim before the Commissioner Workmen's Compensation on account of death of the deceased. The Commissioner Workmen's Compensation awarded compensation 2 ca 3479.11 of Rs. 3,94,120/- along with penalty and interest. The non applicant Karkhana has deposited an amount of Rs. 3,94,120/- in this Court. Shri Thigale, learned counsel for the non applicant No. 1 submits that, there is no proximate cause of death of the deceased in the accident. So also the present non applicant No. 1 cannot come within the definition of employer in as much as the deceased was said to be employed by the contractor and not by the non applicant No. 1. 2. All these defences can be considered at the time of final hearing. As on today the award is in favour of claimants. In that light of the matter, I allow the claimants to withdraw 50% of the amount deposited on furnishing solvent security of the like amount. The remaining 50% amount shall be kept in any nationalized bank in fixed deposit. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11