1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10919 OF 2010 IN CIVIL APPLICATION NO. 3370 OF 2010 IN FIRST APPEAL NO. 2524 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 22.10.2010 1. This is an application for withdrawal of amount of Rs. 3,49,606/- deposited by respondent No.1 – Insurance Company. The claim of the applicant has been allowed by the Tribunal. The Insurance Company has challenged the same on the ground that license was fake one and same was tampered. 2. The Tribunal on appreciation of evidence has come to the conclusion that the original claimant is entitled for the amount. The fact whether the license was fake or not would only be decided after the appreciation of evidence. At this stage, prima facie, 2 as award is in favour of the claimant, there would not be an impediment to allow the withdrawal. 3. The claimant is allowed to withdraw an amount of Rs. 1,00,000/- (Rupees One Lakh) on furnishing undertaking that he would deposit the same, if the appeal is allowed, within a period of one month and an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) on furnishing solvent security of the like amount. 4. The Civil Application stands disposed of. [S.V. GANGAPURWALA, J.] snk/2010/OCT10/ca10919.10