1 ca 4444.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4444 OF 2011 IN FIRST APPEAL NO. 2679 OF 2010 Shabana Begum Salim Khan and others .. Applicants Versus MSRTC through Divisional Controller Nanded .. Respondent Shri G. R. Syed, Advocate for Applicants. Shri M. K. Goyanka, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH APRIL, 2011. PER COURT : . This is an application for withdrawal of amount. The applicants are the original claimants. The Tribunal has allowed the claim of the applicants. The respondent aggrieved thereby has filed the appeal. The non applicant has deposited an amount of Rs. 13,90,309/- pursuant to the orders passed by this Court. The learned counsel for the non applicant states that it is the case of contributory negligence for which the present non 2 ca 4444.11 applicant cannot be made solely responsible. 2. Today the award is in favour of applicants. The contentions of the non applicant can be considered at the time of final hearing of the matter. Even otherwise if the case of the non applicant of contributory negligence is considered, still there would be no impediment to allow the applicants to withdraw 50% of the amount. In the light of the above, I pass following order : 3. The applicants are allowed to withdraw an amount of Rs. 6,50,000/- on furnishing undertaking that, in the event the appeal is allowed the applicants would deposit the amount within a period of one month. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11