1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6639 OF 2009 IN FIRST APPEAL (ST.) NO. 9809 OF 2009 United India Insurance Co. Limited ...Applicant Versus Shahin Begum w/o Shaikh Razzak & Ora ...Respondents ..... Mr. S.V. Kulkarni, Advocate, for the appellant ..... CORAM: S. B. DESHMUKH AND S. S. SHINDE, JJ. DATED: 8TH JULY 2009 PER COURT :- 1 Heard Mr. Kulkarni, learned counsel for the applicant. 2 By this civil application, the applicant seeks stay to the judgment and award passed by the M.A.C. Tribunal, at Nanded. Learned counsel, on instructions, makes a statement that entire decreetal amount is deposited in the trial court. Statement is accepted and taken on record. In this view of the matter, we do not feel it necessary to issue notice to the respondents. 2 3 Learned counsel for the applicant further submits that in this appeal, in view of the provisions of Section 173 of the Motor Vehicles Act, 1988, an amount of Rs.25,000/- i.e. statutory deposit is deposited. The statement made by the learned counsel is accepted and taken on record. Civil application is allowed in terms of prayer clause “B” and disposed of. Liberty in favour of the respondents original claimants to file appropriate civil application for withdrawal of the amount, if claimant(s) wish to do so. Mr. Kulkarni, learned counsel, further submits that after deposit of entire amount in the trial court, respondents/claimants were allowed to withdraw Rs.2,00,000/- by furnishing Bank Guarantee. Statement made is accepted and taken on record. Copy of fax message received by learned counsel for the applicant from the applicant/Insurance Company is taken on record and marked as “X” for identification. 4. Civil application is disposed of. ***** 3 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6638 OF 2009 IN FIRST APPEAL (ST.) NO. 9809 OF 2009 Office Notes, Office Memoranda of Coram | Court's or Judge's Orders appearances, Court's orders or directions | and Registrar's orders | Heard learned Counsel Mr. Kulkarni, for the applicant. Notice returnable on 12.8.2009. *****