1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6923 OF 2010 IN FIRST APPEAL NO. 1416 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. DATE : 01/10/2010 PER COURT : 1. This is an application for withdrawal of the amount of Rs. 6,28,810/- deposited by the Insurance Company excluding statutory deposit. 2. Mr. V.R. Mundada, the learned counsel for the Insurance Company states that in fact the applicants are not entited for any amount on the ground that the deceased of whose the present applicant claimed to be dependents, died during the pendency of the proceedings and in such circumstances the right to sue itself could not survive. The said issue is to be considered at the time of adjudication of the main Appeal. According to Mr. Mundada, amount to the extent of medical bills only can be considered in the claim of the applicants. 2 3. In light of the same, the applicants are allowed to withdraw amount of Rs. 1,75,000/- on furnishing an undertaking in the form of an affidavit that if this Court at the time of final adjudication directs the applicants to deposit the amount, they shall deposit the same within the period of one month. The remaining amount be kept in the Fixed Deposit. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 6923.10 in FA 1416.09