ca8857.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8857 OF 2011 Muktabai w/o Gowardhan Pathare & others .. APPLICANTS VERSUS The Executive Engineer & others .. RESPONDENTS Mr. S.G. Chapalgaonkar, advocate for the applicants. Mr. H.M. Karwa, advocate for the respondents. ===== CORAM : R.M. BORDE, J. DATE : 2 nd September, 2011. PER COURT : 1 This is an application seeking withdrawal of amount deposited by appellant in this court. 2 It is stated that sum of Rs. 4,98,250/- has been deposited by the appellant. Mr. Karwa, learned counsel for the appellant has invited my attention to order passed in Civil Application no. 1283/2009 whereby applicants were permitted to withdraw sum of Rs. 1,00,000/- on furnishing ca8857.11 2 solvent security. Learned counsel Mr. Chapalgaonkar has pointed out that the applicants could not make arrangement for furnishing security and as such the amount which was permitted to be withdrawn in view of order passed by this court on 4-5-2009 could not be withdrawn. It is stated that the applicants now are in a position to furnish security and they may be permitted to withdraw 50% of the amount out of total amount deposited by the appellant. It is also further contended that the sole bread earner of the family has died due to electrocution. A period of more than six years has lapsed from the date of accident and the family is facing hardship. 3 Considering the facts and circumstances of the case, I deem it appropriate to permit the applicants to withdraw sum of Rs. 2,50,000/- on furnishing solvent security to the satisfaction of the Registrar (Judl.). The balance amount shall remain invested in fixed deposit in Nationalised Bank and the fixed deposit receipt shall be renewed from time to time until disposal of the appeal. Civil application stands disposed of. ( R. M. BORDE, J.) dyb