{1} ca1703910.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.17039 OF 2010 IN FIRST APPEAL NO.913 OF 2002 Prabhakar Vithalrao Kulkarni (died) through L.Rs. Applicants Versus MSRTC, Mumbai & another Respondents Mr. S.S.Jadhavar, advocate for applicants Mr. A.B.Dhongade, advocate for respondents. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: This is an application seeking withdrawal of the amount deposited by appellant – MSRTC before the Commissioner for Workmen’s Compensation & Civil Judge, Senior Division, Osmanabad, which has been invested in Fixed Deposit. The applicant was earlier permitted to withdraw sum of Rs. 1,00,000/- and the balance amount was directed to be invested in fixed deposit. It is informed that original claimant has died and his heirs have presented instant application. It would be in the interest of justice to permit the applicants to withdraw the amount. The application is allowed. Applicants are permitted to {2} ca1703910.odt withdraw sum of Rs.29,360/- along with interest accrued thereon on furnishing undertaking to this Court to the effect that in the event of success of appeal, they would redeposit the amount in this Court within eight weeks from such decision. Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca1703910 {3} ca1703910.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.17079 OF 2010 WITH CIVIL APPLICATION NO.34 OF 2010 IN FIRST APPEAL NO.913 OF 2002 Divisional Controller, MSRTC Osmanabad Applicant Versus Prabhakar Vithalrao Kulkarni (died) through L.Rs. Respondents Mr. A.B.Dhongade advocate for applicants Mr. S.S.Jadhavar, advocate for respondents. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: These are applications for bringing on record legal representatives of deceased Respondent as well as for condoning the delay occurred in presenting the application. Considering the contentions raised in the applications, applications deserve to be allowed and same are accordingly allowed. Delay occurred in presenting the application stands condoned. Abatement of appeal, if any, against deceased Respondent, is set aside. Legal representatives of deceased Respondent are permitted to be brought on record. Necessary amendment be carried out within three weeks from today. Civil Applications stand disposed of. R.M.BORDE JUDGE adb/ca1703910