1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13684 OF 2010 IN FIRST APPEAL NO. 1555 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Manale, Advocate for the applicant Mr. S.V. Kulkarni, Advocate for respondent no. 1. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15/10/2010 PER COURT : 1. This is an application for withdrawal of the amount. The Insurance Company has deposited amount of Rs. 3,95,678/- before the Commissioner, Workmen’s compensation. 2. Mr. Kulkarni, the learned counsel for the Insurance Company submits that the claim petition itself was time barred and could not have been entertained. He also submits that Rs. 50,000/-, which has already been paid, has not been considered. 3. Be that as it may, the Award is in favour of the applicants. The applicants are entitled for 50 % of the amount awarded. Even by considering 2 the fact that Rs. 50,000/- is not deducted, still the applicants are entitled for the amount of Rs. 2,75,000/-. As the present applicants are entitled only for 50 %, there would not be any impediment to allow the applicants to withdraw amount of Rs. 1,35,000/-. 4. In the event, the applicants are entitled to withdraw amount of Rs. 1,35,000/- on furnishing an undertaking in the form of affidavit that in case this Court directs the applicants to deposit the amount, the applicants would deposit the same within the period of one month. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13684.10 in FA 1555.2010