1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12947 OF 2010 IN FIRST APPEAL NO. 968 OF 2002 Smt. Indubai Vishnu Palave and others .. Applicants Versus M/s Mate Construction of Heavy Machinery Pune and others .. Respondents Ms. M. S. Shendage, Advocate h/f Shri P. R. Katneshwarkar, Advocate for Applicants. Shri A. S. Shelke, Advocate for the Respondent Nos. 1 and 2. Shri A. J. Dalal, Advocate h/f Shri V. D. Salunke, Advocate for the Respondent Nos. 3 and 4. CORAM : S. V. GANGAPURWALA, J. DATE : 22ND OCTOBER, 2010. PER COURT : . The claimants have moved this application for withdrawal of the amount. Shri Dalal, learned counsel for the non applicant Nos. 3 and 4 states that earlier also an application was filed for withdrawal of the amount and this Court had allowed the applicants to withdraw an amount of Rs. 2,50,000/-, in view of 2 that now the present application would not be tenable. 2. The dispute in the present appeal is with regard to fastening of the liability either on the present appellant or the original owner. The entitlement of the claimants to receive the amount is not much disputed though the claimants are allowed to withdraw Rs. 2,50,000/-. Taking into account the averments made in the application and the submissions made that the applicant No. 1 is in need of the money for her medical treatment, as she is suffering from cancer. Taking into account the special circumstances, I allow the applicants to withdraw an amount of Rs. 1,00,000/- on furnishing solvent security of the like amount. The civil application is disposed of accordingly. [S. V. GANGAPURWALA, J.] bsb/Oct. 10