1 C.A. No. 5451.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5451 OF 2011 ( Dhanraj Krishnarao wahane & Ors V. New India Assurance Co Ltd. & Anr ) in FIRST APPEAL NO. 3141 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. DATED : 29th APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. 3. Shri Deshpande, learned counsel for the respondent opposes the application, on the ground, that the deceased was 70 years old. There was no dependency and even the multiplier has been wrongly applied, so 2 C.A. No. 5451.11 also this is the case of breach of policy. 4. All these arguments can be considered at the time of final hearing. Non -applicant has deposited 50% amount. As such, I pass following order. ORDER A. The applicants are allowed to withdraw an amount of Rs. 40,000/- (Rs. Fourty thousand) deposited by the Insurance Company, on furnishing undertaking stating that in the event the appeal is allowed and applicants are required to re-deposit the amount, they shall deposit the same within one month from the date of such directions. B. The applicants are also allowed to withdraw amount of Rs. 42,804/- (Rs. Forty two thousand eight hundred four) deposited by the Insurance Company on furnishing solvent security of the like amount. 3 C.A. No. 5451.11 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*