1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3088 OF 2010 IN FA NO.2317 OF 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.Manale, S.S. advocate for the applicants. Mr.S.S.Halkude, advocate for the Respondent No.2. CORAM : S.V.GANGAPURWALA,J. Date : 16.09.2010. 1. This is an application for withdrawal of the amount deposited by the Insurance Company. The appeal preferred by the Insurance Company is admitted. Mr.Mundada, learned counsel for the Insurance Company objects to the prayer of the applicant for withdrawal of the amount on the ground that the appellant Insurance Company has strong case on merits. According to him, even it is not proved as to who was driving the vehicle and even if the case of present applicants is accepted, still the driver of the vehicle did not have any license and there was breach of policy. Today, the award stands in favour of the present applicants. The Court below on evidence being recorded has come to the conclusion that the applicant is entitled to the amount under the award. In such circumstances, I am inclined to allow the applicant to withdraw 50% of the amount deposited by the Insurance Company. 2. In the result, the applicants are allowed to withdraw 50% of the amount deposited by the Insurance Company on furnishing solvent security to the satisfaction of the Registrar (Judicial). The balance amount be kept in Fixed Deposit. 3. The Civil Application is disposed of accordingly. (S.V.GANGAPURWALA,J.) Dt.16.09.2010. asp/office/Ca3088.10