1 CAF : 4076/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4076 OF 2010 IN FIRST APPEAL NO.895 OF 2011 Shabbirbhai Mulla Hasan & Anr. .... Applicants (Ori. respondents) Vs. Maharashtra State Road Transport .... Respondent Corporation, Mumbai Central. (Ori.appellant) Mr. Sachin Gite, Advocate for applicants. Mr. P.G. Lad, Advocate for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 29 th April, 2011 P.C. 1. This Civil Application is for withdrawal of the decretal amount deposited by respondent no.1- appellant before the Tribunal. Admittedly the applicants have been allowed to withdraw a sum of Rs.1,00,000/- at the time, the application for condonation of delay filed by respondent no.1-appellant was allowed. The appeal 2 CAF : 4076/2010 of respondent no.1-appellant is yet to be admitted. The learned counsel for the applicants submits that applicant no.2, the mother of deceased is since suffering from kidney ailments and is required to undergo dialysis periodically. For that purpose, the applicants are falling short of finance. The learned counsel for respondent no.1-appellant, states in fairness that considering the serious health condition of applicant no.2, part of the amount may be permitted to be withdrawn by the applicants, even before admission of the appeal. Taking overall view of the matter, in my opinion, if the applicants are permitted to withdraw a sum of Rs.2,00,000/-, the interest of justice would be served. Hence, the application is partly allowed. The applicants are at liberty to withdraw a sum of Rs.2,00,000/- (Rupees Two Lacs Only) from the amount of Rs.10,72,351/- deposited by respondent no.1-appellant before the Tribunal. The balance amount be invested by the Tribunal in fixed deposit. 2. The appeal is adjourned for admission to 15 th June 2011 . (SMT.R.P. SONDURBALDOTA,J)