2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7834 OF 2008 IN FIRST APPEAL STAMP NO. 4708 OF 2007 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 : 15/04/2011 PER COURT : 1. This is an application for withdrawal of amount. The learned counsel for the applicant states that though it is the case of 30 % disability, the loss of earning capacity is 100 %. The Commissioner has taken into consideration this aspect. 2. Mr. Upadhye, the learned counsel for the Insurance Company states that the procedure has been prescribed, which has not been followed. The Commissioner could not have awarded such exorbitant amount. 3. The arguments of Mr. Upadhye, the learned 2 counsel are required to be considered at the time of final hearing. Today the Award is in favour of the applicant. In that light of the matter, I pass the following order. The applicant is allowed to withdraw 50 % of the amount on furnishing an undertaking to this Court that in the event the Appeal is allowed, the applicant would deposit the said amount within the period of one ( 1 ) month. The applicant is allowed to withdraw 25 % of the amount on furnishing solvent security of the like amount. The remaining 25 % amount be kept in the Fixed Deposit of any Nationalized Bank . The Civil application is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 7834.2008 in FA St. 4708.2007