FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ WRIT PETITION NO.7571/2009 SHANKAR NAMDEO DEGAONKAR V/S SHAIKH KAUSAR AHMED SHAIKH SAHEB AND ANR PAVANKUMAR S.AGRAWAL ADV. FOR PETITIONER S V KULKARNI FOR R/2 R/ 1 DELETED 1. Heard learned counsel for respective parties. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. Counsel for the petitioner challenges order passed by the learned Civil Judge Senior Division Hingoli dated 25.09.2009, refusing the present petitioner to withdraw amount of compensation deposited by the respondents with learned Civil Judge Senior Division, Hingoli i.e. learned Commissioner for Workmen’s Compensation. Reason assigned is pendency of the appeal before this Court. 4. Counsel for the petitioner submits that order passed by the learned Commissioner for Workmen’s Compensation awarding some amount for compensation was challenged by the claimant by filing first appeal before High Court, which came to be dismissed. Learned counsel for the respondents fairly concedes that order passed by the learned Commissioner for Workman’s Compensation Act Hingoli was not challenged on behalf of respondents before this Court. Dismissal of the appeal filed by the present petitioner/ claimant has no bearing, so far as payment of amount of compensation deposited by the insurance company before learned Commissioner for Workman’s Compensation. Counsel for the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ________________________________________________________________________________________________________________________________________________ Office notes, office Memoranda of coram, appearance, court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ____________________________________________________________________________________________________________ respondents Insurance Company fairly says that Insurance company has no objection for withdrawal of the amount by the present petitioner. 5. Writ Petition is allowed. Order impugned is quashed and set aside. Learned Commissioner for Workmen’s compensation, Hingoli i.e. Civil Judge Senior Division, Hingoli is directed to make the payment of amount of compensation to the present petitioner. 6. Rule is made absolute in above terms with no order as to costs. ( S. B. DESHMUKH, J. ) * * * Dt :- 09.02.2010 aaa/7571.09