1 CA 3857.2011 in FA 1659.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3857 OF 2011 IN FIRST APPEAL NO. 1659 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.K.Naikwade, Advocate for the applicant. Mrs.M.A.Kulkarni, Advocate for respondent. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 05/05/2011 PER COURT : 1. This is an application for withdrawal of amount. Mrs. M.A. Kulkarni, the learned counsel for the respondent opposes the application on the ground that in fact the accident has not taken place at the hands of the present appellant. The present appellant was falsely implicated in the matter. The learned counsel further states that the medical bills are not proved. Even disability certificate is not on record. 2. All these contentions would be required to be taken into consideration at the time of final hearing of the Appeal. Today the Award is in 2 CA 3857.2011 in FA 1659.2010 favour of the claimant i.e. the present applicant. It will be in nobody’s interest to keep the amount idle. At the same time, the interest of the non applicant also will have to be safe-guarded. 3. In the result, I pass the following order. (i) The applicant is allowed to withdraw Rs. 50,000/- on furnishing an undertaking to this Court that in the event the Appeal is allowed, the applicant would deposit the said amount within one ( 1 ) month. (ii) The applicant is allowed to withdraw Rs. 50,000/- on furnishing solvent security of the like amount. The remaining amount shall be kept in fixed deposit of any nationalized Bank. [ S.V. GANGAPURWALA,J. ] KNP/CA 3857.2011 in FA 1659.2010