1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.2963/2010 IN FIRST APPEAL NO.550/2010 (The Divisional Manager, Oriental Insurance Co. Ltd. vs. Smt. Sudha w/o Lungeshwar Nandanwar and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : SMT. VASANTI A. NAIK, J. DATED : DECEMBER 13, 2010 Heard Ms. Pathade, learned Counsel for the applicants/respondent nos. 1 and 2 and Shri Godbole, learned Counsel for the appellant Insurance Company. Though the appellant Insurance Company has deposited the decretal amount in this Court, it would not be in the interest of justice to permit the applicants to withdraw the amount deposited by the appellant in this Court as the appellant has made out a strong prima facie case to show that the policy was not in existence on the date of accident, i.e. 16/4/2003. I have minutely perused the policy document. It is clear from the policy document that the period of policy was from 14/9/2001 to 13/9/2002 and the premium was collected from the owner 2 of the tractor on 14/9/2001. In the aforesaid set of facts, the amount deposited by the appellant in this Court be placed in a fixed deposit Account in any nationalized Bank initially for a period of three years and same be renewed from time to time during the pendency of the appeal. The civil application is disposed of in the aforesaid terms. JUDGE khj