1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12761 OF 2010 IN FIRST APPEAL NO. 3076 OF 2009 Shivajirao Bhanudasrao Patil and anr. .. Applicants Versus Bharat Gangappa Gangane and Anr. .. Respondents Shri P. M. Kulkarni, Advocate for Applicants. Shri N. P. Patil (Jamalpurkar) Advocate for the Respondent No. 1. Shri V. R. Mundada, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . The claimants have filed this application for withdrawal of the amount deposited by the non applicant pursuant to the orders passed by this Court. The applicants are the original claimants. Their claim petition before the Tribunal has been allowed for Rs. 4,00,000/-. The present non applicant No. 1 who is owner of the vehicle has preferred the appeal challenging the 2 said award. Pursuant to the orders passed by this Court, the present non applicant No. 1 has deposited an amount of Rs. 2,00,000/- in addition to the statutory deposit of Rs. 25,000/-. 2. The learned counsel for the non applicant No. 1 has strongly opposed the present application on the count that the appellant has got strong case on merits. The very factum of the accident is disputed as the spot panchanama has been made after four days and the driver was intentionally not arrayed as party respondent. The Tribunal after considering the evidence on record has passed the award. The same would be subject matter of re-appreciation by this Court. In the light of the above I pass the following order : 3. The claimants are allowed to withdraw an amount of Rs. 1,00,000/- (Rs. One Lac only) on furnishing an undertaking on affidavit that they would deposit the said amount in this Court within one month if the appeal is allowed. The applicants are allowed to withdraw the remaining amount on furnishing solvent security of the like amount. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10