1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (f) NO. 1825 /2011 & CIVIL APPLICATION (F) NO. 1296/2010 in FIRST APPEAL NO. 447 /2010 (Executive Engineer, Mah. State Electricity and another vs. Danvir Kachru Nandeshwar) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A D Mohgaonkar Adv. For appellants Mr A N Vastani Adv.for respondent CORAM : A.B.CHAUDHARI,J. DATED : 20th September,2011. Heard learned counsel for the respective parties in extenso. By means of this Application, the respondent/ workman is seeking withdrawal of the amount deposited by the appellants with learned Commissioner under Workmen's Compensation Act, 1923. The application has been vehemently opposed by Mr Mohgoankar, learned counsel for the appellants. At the outset, it must be borne in mind that the claim or award is in relation to the injury caused to the workman under the Workmen's Compensation Act and the disability is said to be 40%. Counsel for the appellants states that the disability at the most could be said to be temporary while counsel for 2 respondent states that the disability was permanent. It is a fact that the penalty and interest were awarded by the Court because the amount of compensation payable was not deposited with the Commissioner within the time prescribed by law. It is a further admitted fact that the respondent-workman is still in the employment with the appellants and, therefore, in my opinion, even if any amount is disbursed to the workman, the respondent -workman being in employment, the amount would be secured. However, at the same time, it is not possible for this Court to disburse the entire amount in view of some of the seriously disputed facts about the nature of disablement. In that view of the matter, I think the following order would subserve the ends of justice : ORDER Civil Application is partly allowed. The respondent -workman is allowed to withdraw only 50% of the amount deposited with the Commissioner, of course, on furnishing usual undertaking on affidavit. The balance amount shall be invested in any nationalised bank as per the Standing Orders. It is made clear that henceforth the respondent -workman shall not apply for withdrawal in relation to the invested amount. Civil Application for withdrawal of amount, is disposed of accordingly. No separate orders are necessary on Civil Application for stay being C.A. No. 1296/2010. The same is disposed of. JUDGE sahare