-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6662 OF 2007 APPLICATION NO.6662 OF 2007 APPLICATION NO.6662 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.1668 OF 2007 APPEAL NO.1668 OF 2007 APPEAL NO.1668 OF 2007 Santosh Vasant Athawale ...Applicant vs. Sadashiv Tatoba Patil ...Respondent Mr.Tejpal Ingle for the Applicant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 1, 2008 : FEBRUARY 1, 2008 : FEBRUARY 1, 2008 P.C.: P.C.: P.C.: 1. The Advocate for the Applicant states that a private notice has been served to the second Respondent. Affidavit of service is taken on record and marked ‘X’ for identification. 2. The Advocate for the Applicant states that the impugned Judgment and Award has not been challenged by any of the opponents to the claim petition. He pointed out that by the impugned Judgment and Award withdrawal of an amount of only Rs.15,000/- is permitted and rest of the amount has been ordered to be invested. He, therefore, submits that considering the disability of 55% suffered by the Applicant, he may be permitted to withdraw a sum of Rs.1,50,000/-. The prayer is reasonable. 3. Hence, I pass the following order : -2- i) The tribunal will order premature encashment on the fixed deposit which is already made. After realisation of the amount, the Applicant will be permitted to withdraw a sum of Rs.1,50,000/-. The balance amount will be again invested in the fixed deposit and the fixed deposit shall be made for a period of three years from today. ii) In the meanwhile, the Applicant will be entitled to withdraw interest on the said amount. iii) Before ordering the premature encashment, the learned Member of the tribunal will confirm that there is no appeal preferred by any of the opponents. iv) Parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE