Jankabai Dnyanoba Mali And ORS v. The Chief Exe Officer And ANR

ca.13276.15.doc - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13276 OF 2015 IN FA/1320/2010 JANKABAI DNYANOBA MALI AND OTHERS

VERSUS

THE CHIEF EXE OFFICER AND ANOTHER ...

Advocate for Applicants : Mr. Popat P. More.

Advocate for Respondent No.1 : Mr. V.D. Hon.

.....

CORAM : A.M. BADAR, J.

DATE : 24.11.2015 ORDER :

1] This is an application for withdrawal of the amount deposited by the non-applicants/original appellants before this Court. Shri More, the learned counsel appearing for applicants points out the order dated 23rd October, 2015 passed by this Court and submits that the entire amount is not yet deposited by the appellants/non-applicants. He submits that the applicant is a widow and she is fighting for getting compensation right from the year 2005.

2] Learned Commissioner under Workmen's Compensations Act concluded that, deceased Dnynoba Mali

ca.13276.15.doc - 2 - died in the accident arising out of and in the course of his employment with the non-applicants herein. Hence, applicants/original claimants are permitted to withdraw whatever amount deposited by this date by non-applicants by furnishing undertaking that in the event of allowing the appeal they shall refund the amount within a period of one month.

3] Non-applicants/original appellants are directed to deposit remaining amount with Commissioner under Workmen's Compensation Act as per impugned judgment and order of the learned Commissioner under Workmen's Compensation Act within a period of one month from today. 4] Needless to mention that upon deposit of the remaining amount, applicants shall be at liberty to move for withdrawal of the same.

5] Civil application stands disposed of.

[A.M. BADAR] JUDGE.

Tandale/-ca.13276.15.doc