1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION No. 9359 OF 2010 IN FIRST APPEAL No. 2449 OF 2009 Madhukar Tulshiram Late & another .. APPLICANTS VERSUS Sandipan Namdeo Garge & others .. RESPONDENTS ... Shri P.S.Chavan, Advocate for applicants Shri S.Y. Mahajan, Advocate for respondent No. 1 Shri S.M. Godsay, Advocate for respondent No. 2 Shri P.M. Kulkarni, Advocate for respondent No. 3 CORAM :- S.V. GANGAPURWALA, J. DATE : 9th SEPTEMBER, 2010. PER COURT: This is an application for withdrawal of amount of Rs. 4,01,708.76 Paise. 2. The claim of the present applicants was allowed by the Commissioner of Workmen’s Compensation. The original applicants have preferred an appeal, as the Insurance Company was exonerated from the liability. Initially, the claimant and the present respondent No. 3 have 2 been allowed to withdraw Rs. 4,00,000/-, vide order dated 25th February, 2010. 3. The applicants have again moved this application for withdrawal of amount after admission of the appeal. Shri Mahajan, learned counsel for the respondent No. 1 / Ori. Appellant opposed the application on the ground that initially the amount was allowed to be withdrawn after hearing all the parties, and as such, it will not be open for the applicant to move fresh application. He further submits that earlier amount was allowed to be withdrawn without any security. 4. The real dispute appears to be on the count that Insurance Company has been exonerated and the original appellant is made liable. The claim of the claimant does not appear to be seriously disputed. In the light of the same, I am inclined to allow the claimants and respondent No. 3 to withdraw the remaining amount, as per their share, on furnishing the solvent surety of the like amount, to the satisfaction of the 3 Commissioner where the said amount is deposited. 5. Civil Application accordingly, disposed of. [S.V. GANGAPURWALA,J] SDM*9359.10CA