C.A.No.9633 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9633 OF 2011 IN FIRST APPEAL NO.1911 OF 2010 Rajiya Batubhai @ Nasir Shaikh ..Applicant Versus Dhanraj Kachardas Lalwani and anr. ..Respondents Mr K.M.Nagarkar, Advocate for applicant Mr Dilip B.Patil, Advocate holding for Mr.P.B.Salunke, Advocate for respondent No.1 Mr K.B.Autade, Advocate for respondent No.2 CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th September 2011 PER COURT 1. Respondent No.1/appellant has deposited amount of Rs.25,000/- as a statutory deposit for filing first appeal. Application is made seeking permission to withdraw the said amount. Learned Counsel for the respondent No.1 has filed say. Respondent No.1 has challenged the relationship of the claimant as a mother of the deceased boy and also has disputed that respondent No.1 was involved in the accident and disputed that he is neither the owner nor driver of the vehicle. He further submits that this Court has granted stay in favour of respondent No.1 that the decree not to be executed against him. He submits that as he has challenged the basic issues of the accident, applicant should not be allowed to withdraw the amount. C.A.No.9633 of 2011 2 2. As per the claim, original opponent No.2 i.e. appellant was driving the vehicle and original opponent No.1 Anil Chopda was the owner of the said tractor-trolley. The amount of Rs.25,000/- is deposited towards the statutory obligation hence, applicant is allowed to withdraw the said amount of Rs.25,000/- on furnishing conditional undertaking before the Registrar of this Court. Application disposed of. ( MRS MRIDULA BHATKAR, J. ) (vvr/9633.11ca)