1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4258 OF 2009 IN FIRST APPEAL NO.935 OF 2004 (Shri Chandrakant Bhalerao vs. The Oriental Insurance Co.Ltd.& Ors.) ------------------------------------------------------------------- Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s : Court’s or Judge’s orders orders : ------------------------------------------------------------------- Mr.Umesh Mankapure, Advocate for applicant. Mr.Dilip Mahadik h/f Mr.S.R. Singh, Advocate for respondents CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 23rd November, 2009. PC :- 1. This Civil Application is taken out for withdrawal of the amount of Rs. 40,000/- deposited by Oriental Insurance Co. Limited in the Court by way of condition precedent for interim order, of stay of execution. The application is opposed by the company. The contention of the Insurance Company is that it is not liable to pay any compensation to the applicant since the vehicle involved in the accident owned by respondent no.5 is 2 not insured and hence the applicant should not be allowed to withdraw the amount. Mr.Mahadik, the learned counsel for the respondent-Company submits that if at all the applicants are to be allowed to withdraw the amount, it should be on furnishing security of bank guarantee. 2. Mr.Mankapure, the learned counsel on the other hand submits that since the amount is towards compensation awarded in accident claim, security of bank guarantee should not be insisted upon. 3. Considering the defence to the claim of the Insurance Company, the applicant can be allowed only on furnishing bank guarantee so that the interests of the Insurance Company are protected. 4. At this stage, Mr. Mankapure, states that he desires to withdraw the application. Hence, the Civil Application is allowed to be withdrawn. (Judge)