1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION No. 12144 OF 2010 IN FIRST APPEAL No. 1962 OF 2009 Aasif S/o Yusuf Inamdar @ Shaikh .. APPLICANT VERSUS Vasant A/o Ambadas Mundhe .. RESPONDENT ... Shri V.S. Tanwade, Advocate for applicant Shri R.B. Bhosale, Advocate for respondent CORAM :- S.V. GANGAPURWALA, J. DATE : 9th SEPTEMBER, 2010. PER COURT: 1. This is an application for withdrawal of amount deposited by the non-applicant pursuant to the orders passed by this Court. The claim filed by the present applicant came to be allowed by the Tribunal, against which the present non applicant filed First Appeal. The application is opposed by the non-applicant, on the ground that in fact, vehicle of the non-applicant is not involved in the accident, and the present applicant is not entitled for any amount. The evidence on record fortifies the contentions of the present non-applicant. 2 3. The Tribunal has passed an Award in favour of the applicant. In the light of the same, prima facie, when the Award is in favour of the applicant, the contentions raised by the non- applicant would require re-appreciation at the time of final adjudication. The amount kept in fixed deposit would lie idle. In such circumstances, the applicant is allowed to withdraw amount of Rs. 1,25,000/-(One lakh twenty five thousand) on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court. Civil Application is disposed of. [S.V. GANGAPURWALA,J] SDM*12144.10CA