1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13852 OF 2010 IN FIRST APPEAL NO. 3140 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 : 22/10/2010 PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. The learned counsel for the Insurance Company states that in fact the claim itself is not maintainable in view of the fact that the deceased was driving the pick up van, who had dashed against the truck and the owner and the insurer of the truck, have not been made party. 2. Taking into account the nature of the dispute between the parties, it would be in the fitness of things to fix the First Appeal for final hearing. The appellant/Insurance Company shall submit paper book within the period of six weeks from today. The matter be placed for final hearing in the week commencing from 29/11/2010. In case the Appeal can not be heard on merits, liberty 2 to the present applicants to apply for withdrawal afresh. The print dispensed with. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13852.10 in FA 3140.2009