1 C.A. No. 3960.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3960 OF 2011 ( Wahida W/o Wasif Ahmed & ors V. Divisional Controller M.S.R.T.C.) in FIRST APPEAL NO. 1973 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. 3. Mrs. Reddy, learned counsel for the respondent opposes the application on the ground that the applicant is not entitled for any amount, and the application was delayed by six years, and at the time of 2 C.A. No. 3960.11 condoning the delay it was specifically observed by the trial court that the present applicant would not be entitled to interest and penalty as the claim was filed belatedly and yet, the compensation has been awarded by the Commissioner with interest and penalty. The learned counsel further contends that in fact, at the relevant time deceased was not employee of the Corporation, as he was on vehicle of Home Guard Department, and the claimants have received amount of compensation from the said Department. 3. All these arguments would be considered at the time of final hearing of the matter. At this stage, Award is in favour of the applicant. However, the amount of penalty and interest cannot be allowed to the applicant in view of the earlier order passed. 4. In the result, I pass following order. 3 C.A. No. 3960.11 ORDER A. The applicants are allowed to withdraw 60,000/- (Rs. Sixty thousand) on on furnishing solvent security of the like amount. Remaining amount be kept in fixed deposit in any Nationalized Bank. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*