1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO.7492 OF 2008 IN FIRST APPEAL ST. NO. 95 OF 1998 The Oriental Insurance Company Ltd. - - Applicant versus Sangita w/o. Dattatraya Wadkute and others. - - Respondents Shri S. M. Godsay, Advocate for the applicant. Shri S. R. Palnitkar, Advocate for respondents Nos.1 and 2 - original claimants. Shri Yadav, Advocate holding for Shri M.K. Goyanka, Advocate for Respondent No.6. CORAM : N. D. DESHPANDE, J. Dated : 21st July 2009 ORAL ORDER : 1. Heard Shri Godsay, Advocate for the applicant/ appellant, the Oriental Insurance Company, Shri S. R. Palnitkar, Advocate for the respondents Nos.1 and 2, original claimants and 2 Shri Yadav, Advocate for Respondent No.6. 2. Perused the Order dated 28-9-2000 passed by this Court [Coram : B. P. Singh, C.J.]. It has been rightly pointed out that the aforesaid order dated 28-9-2000 of this Court came to be passed at the time of hearing of First Appeal No. 95 of 1998 wherein stay of execution was ordered only on deposit of entire amount namely; Rs.2,62,834/- and Rs.2,00,000/- and said application of the appellant for stay upon deposit came to be disposed of by an Order dated 28-9-2000 ending with "First Appeal is disposed of". In fact, it was the Civil Application for stay which came to be disposed of and First Appeal No. 95 of 1998 is still pending for final disposal on merits, to which parties also agreed. 3. There is also a separate Civil Application No. 5949 of 2009 filed by the original claimants, who are respondents Nos.1 and 2 in appeal, for withdrawal of the said amount and 3 they have been given liberty to make their application before this Court, mention of which is found in the same Order dated 28-9-2000. The claimants' application for withdrawal of the amount is also being considered in the same hearing and allowed by separate order. 4. In that view of the matter, after hearing the parties, the present Civil Application for recalling the Order dated 28-9-2000 is allowed and the First Appeal which is pending shall be heard finally on merits. Civil Application is thus allowed in terms of prayer (B) and is accordingly disposed of. ( N.D.DESHPANDE, J.) pnk/ca749208