ash 1 caf-2891.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2891 OF 2011 IN FIRST APPEAL NO. 2471 OF 2007 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri P.P. Jadhav for the Applicants. Shri A.M. Joshi for the Respondent Nos.1 and 2. -- CORAM : A.S.OKA, J. DATE : 28TH SEPTEMBER, 2011 P.C.: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the first and second Respondents. The Application is for permission to withdraw the compensation amount deposited by the first and second Respondents. The application is opposed by the first and the second Respondents. The Applicants are the claimants in a claim petition filed under the Workmen’s Compensation Act, 1923. Against the first and the second Respondents who are the Appellants in the First Appeal, there is an order made for payment of compensation. Learned ash 2 caf-2891.11 counsel appearing for the first and the second Respondents submits that the Applicants can recover the compensation amount from the Contractor against whom the order is also passed. 2. Learned Commissioner has held the first and the second Respondents liable. Considering the challenge in the Appeal, the Applicants will have to be permitted to withdraw the compensation amount only on furnishing adequate security. As the Applicant will have to furnish adequate security, the first and the second Respondents will be adequately protected. 3. Hence, I pass the following order: ORDER: (i) The Application is allowed in terms of prayer clause (a). However, withdrawal of the compensation amount shall be permitted only on the Applicants furnishing adequate security for the entire compensation amount to the satisfaction of the learned Commissioner. (ii) The first and the second Respondents shall be heard before accepting the security. ash 3 caf-2891.11 (iii) Civil Application No.564 of 2007 shall be heard along with the Appeal. As the Applicant have deposited the entire compensation amount, the execution will not proceed against the Applicants till the disposal of the Appeal. (A.S.OKA, J)