1 ca147.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.147 OF 2011 IN FIRST APPEAL (ST.) NO. 9013 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 18.02.2011. Shri S.S.Shinde, Advocate, for the applicant. Shri S. M. Godsay, Adv. for Respondent No.1. Shri Manoj Shinde, Advocate, holding for Shri S.S.Deshmukh, Advocate, for Respondent No.7. ------------ 01. Heard learned counsel for the parties. 02. This is an application preferred by applicant- original respondent No.4 for permission to withdraw the amount of Rs.3,83,228/= deposited by Respondent No.1- insurance company. 03. Respondent-insurance company has filed accompanying appeal, challenging the judgment and 2 ca147.11 award dated 5.10.2009, rendered by the learned Chairman, M.A.C.T., Ambajogai, in M.A.C.P. No. 24/2006, and also preferred application for condonation of delay, along with the the accompanying appeal, as well as preferred the application for stay and interim relief has been granted in favour of respondent No.1- insurance company. 04. It appears from the award passed by the learned Chairman of the M.A.C.T. that claim of applicant Nos. 4 and 5 was allowed partly, whereas claim of applicant Nos. 1 to 3 was dismissed in default, by the learned Chairman, M.A.C.T. 5. Having comprehensive view of the matter, the applicant (respondent No.4) deserves to be permitted to withdraw 25 per cent of the amount deposited, on furnishing personal undertaking and remaining 25 per cent on furnishing solvent security, and investing the balance amount in any nationalized bank would subserve interest of justice. 3 ca147.11 6. In the result, application is allowed partly, and the applicant is permitted to withdraw 25 percent of deposited amount, on furnishing personal undertaking, as well as she is permitted to withdraw further 25 per cent of the deposited amount, on furnishing solvent security, and the balance 50 per cent amount is directed to be invested in any nationalized bank, initially for the period of one year and thereafter the proceeds thereof, principal and interest be invested for one year consecutively, until further orders . 7. Present application stands disposed of, accordingly. pnd/ca147.11 (SHRIHARI P. DAVARE, J.)