FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 12812 OF 2010 IN FIRST APPEAL NO. 1409 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. P.F. Patni, Advocate for applicants Mr. R.H. Jobanputra, Advocate for respondent ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 01/10/2010 PER COURT : 1. This is claimants application for withdrawal of the amount. The applicants are the original claimants, the Award has been passed in their favour. 2. Shri Jobanputra, the learned Counsel for the Insurance Company, resists the application on the count that the driver of the truck committed breach of license and the Insurance Company is not liable to pay the amount. 3. The rival contentions of the parties, would be required to be gone into, at the time of adjudication of appeal. Prima facie the Award is in favour of the applicants. In the result, the applicants are allowed to withdraw an amount of 2,50,000/- on furnishing undertaking in the form of affidavit, stating that the applicants shall deposit the entire amount, as directed by this Court within one month along with interest if the appeal is allowed. The applicants are allowed to withdraw remaining amount, on furnishing solvent security of the like amount. The applicant No. 1 shall be entitled to withdraw an amount of Rs. 75,000/- and the remaining applicants in equal share. [ S.V. GANGAPURWALA ] JUDGE SDM*12812.10 CA