1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (0) NO. 955/2009 in MCA.(ST) .NO. 12946/2009 ; CA. NO. 1622/2009 & C.A.NO. 1001/ 2011 IN FIRST APPEAL NO.205 /2009 ( The Oriental Insurance Co.Ltd. vs. Smt.Maya wd/o Govindrao Khatri and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr A R Godbole, Adv. for applicant/appellant Mr shyam Dewani, Adv.for respondent nos.1 and 2 CORAM : A.B.CHAUDHARI,J. DATED : 12th October,2011. CIVIL APPLICATION NO 955/2009: Heard. For the reasons stated in the Application I am satisfied that good and sufficient reasons exist for condonation of delay of 109 days in filing the Appeal. Hence, Civil Application is allowed in terms of its prayer and disposed of. MISC.CIVIL APPLICATION NO. 12946 /2009 For the reasons stated in the Application, Misc. Civil Application is allowed in terms of its prayer and disposed of. First Appeal is restored to file of this Court. Office objections, if any, be removed within a period of four weeks. 2 CIVIL APPLICATION (f) NO.1622/2011 ` By this application, the respondents 1 and 2 seeks permission to withdraw the amount deposited by the appellant. It is not in dispute that the award was in the sum of Rs. 10 lakhs and odd. It is not in dispute that an amount of Rs. 5 lakhs has already been allowed to be withdrawn by the respondents. Presently, the amount with interest is about Rs. 9 lakhs and odd. There is prayer for withdrawal of the entire balance amount made by the learned counsel for the respondents/claimants. The respondent no.2 is the sister of the deceased who is of a marriageable age and there is need of money for performing her marriage. Having hearing the learned counsel for the rival parties,, I think following order would subserve the ends of justice :- Civil Application is partly allowed. The respondents /claimants are allowed to withdraw a sum of Rs. 4,00,000/- (Rupees four lakhs), upon furnishing security to the satisfaction of the Registrar (J) of this Court. Statement is made by Mr Dewani, learned Advocate for the claimants that hereinafter there will be no application for withdrawal of amount till final decision of the Appeal. Statement accepted. Now the balance amount is quite less, the same shall be invested as per the Standing Orders. Civil Application is disposed 3 of. C.A.NO.1001/2011: Civil Application for substituted service is allowed and disposed of. JUDGE sahare