FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.12453 OF 2010 IN FIRST APPEAL NO. 4296 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr.P.B. Khedkar, Advocate for applicant Mr. A.G. Kulkarni, Advocate & G.J. Mote, Advocate for respondent Nos. 1 & 2 Mr. A.B. Kadethankar, Advocate for respondent No. 3 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. This is application filed by the claimant for withdrawal of amount. The claim petition filed by the present applicants has been allowed by the Tribunal. The Insurance Company has challenged the said Award before this Court, on the ground that the amount awarded is exorbitant and excessive. At the time of admitting the appeal and granting stay to the Award passed by the Tribunal, the Insurance Company is directed to deposit the 50% of amount under the Award. 2. In view of the fact, that only 50% of the amount under the Award has been deposited by the Insurance Company, and only defence is regarding the quantum of amount awarded. I do not think, there is any impediment to allow the applicant to withdraw the said amount. 3. The application is allowed, The applicant is allowed to withdraw the amount deposited by the Insurance Company, on condition that the applicant furnishes an undertaking in the form of affidavit that in case appeal is allowed and the applicant is required to deposit the amount he would deposit the same within one month. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM 12453.10 CA