1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2619 OF 2010 IN SECOND APPEAL STAMP NO. 2893 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. B.R.Kedar, Advocate for applicant. Mr. S.V.Kulkarni, Advocate for Resp.no.1. ............................ CORAM : S.V. GANGAPURWALA, J. DATE: 09/09/2010 PER COURT : 1. This is an application for withdrawal of the amount. The claim of the original claimant has been allowed. 2. The Insurance Company has preferred an Appeal challenging the said Award on the ground that there is no proof of the involvement of the vehicle in the accident. 3. Mr. Kulkarni, the learned counsel for the Insurance Company opposed the Civil Application stating that the non 2 applicant/appellant has strong case on merits and as the very involvement of the vehicle in question in the accident is disputed, it would not be appropriate to allow the withdrawal of the amount. 4. The Tribunal on considering all the aspects, allowed the claim of the claimant. In Appeal, the same would be the subject matter of re-appreciation. At this stage, it will have to be considered that the Award is in favour of the present applicant. 5. In light of the same, I allow the applicant to withdraw amount of Rs. 1,00,000/- (Rupees One Lac only ) on furnishing undertaking in the form of affidavit that in case Appeal is allowed, the applicant would deposit the amount in this Court within one month from the date of order. The applicant shall withdraw the remaining amount on furnishing solvent security of the like amount. [ S.V. GANGAPURWALA, J. ] knp/ CA 2619.10 in FA 2893.2009