FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 13746 OF 2010 IN FIRST APPEAL No. 2841 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 : 27h October, 2010 PER COURT : 1. This is an application for withdrawal of amount deposited by the present non applicant No. 1/ Insurance Company., pursuant to the Award passed by the Tribunal. Shri Kulkarni, learned Counsel for the Insurance Company states that it is the case of breach of policy and the Insurance Company is not at all liable. The deceased was traveling in goods vehicle, which is not permissible. 2. Be that as it may, the Tribunal on appreciation of evidence has passed the Award. All the contentions raised at this stage by Shri Kulkarni learned Counsel for the Insurance Company would be required to be considered at the time of final hearing. Today, prima facie, the Award is in favour of the present applicant, and the present applicant is entitled for some amount. At the same time, the said amount would be required to be safeguarded. 3. In the light of the above, the applicant is allowed to withdraw 50% of the amount deposited by the Insurance Company, on furnishing solvent surety to the satisfaction of the Registrar of this Court. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*13746.10CA