FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 13678 OF 2010 IN FIRST APPEAL No. 1536 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. DATE : 27h October, 2010 PER COURT : 1. This is an application for withdrawal of amount deposited by the present non applicant No. 1, pursuant to the Award passed by the Commissioner for Workmen’s Compensation. Shri S.S. Shinde, learned Counsel for the applicant states that the Award is in favour of the applicants , therefore, the applicants be permitted to withdraw the amount of compensation deposited by the present respondent No. 1. 2. Shri Hon, learned Counsel for the non applicant No. 1 states that the very relationship of employer and employee is disputed. The deceased was not an employee of the appellant. He was allegedly employed by the labour contractor, as there is no relationship of employer and employee, therefore, present non applicant No. 1 is not liable for compensation. The death was caused due to snake bite and same was not during the course of employment. 3. Prima facie, the Award is in favour of the present applicant. The Commissioner, after evaluating the evidence, has come to the conclusion, the same would be re-appreciated at the time of final hearing. Presently, as the Award is in favour of the applicants, the interest of justice would sub-serve if the applicant is allowed to withdraw some amount, at the same time, the said amount would also required be safeguarded. 4. In the light of the above, the applicant is allowed to withdraw an amount of Rs. 2,00,000/- (Rs. Two lakh) on furnishing solvent surety to the satisfaction of the Commissioner. The applicant is at liberty to proceed with the execution as against the other non-applicants who are jointly and severally made liable along with non applicant No. 1. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*13678.10CA