1 C. A. No. 17040/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 17040 OF 2010 IN FIRST APPEAL NO. 1144 OF 2007 Shobha Vishnu Kote and ors. .. Applicants Versus Godawari Khore Sahkari Dudh Sangh Maryadit .. Respondents Shri N. C. Garud, Advocate for Applicants. Shri P. C. Mayure, Advocate h/f Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 1. CORAM : K. K. TATED, J. DATE : 15TH DECEMBER, 2010. PER COURT : . Heard learned counsel for the parties. Present civil application is preferred by the original claimants for permission to withdraw a sum of Rs. 4,00,000/- along with interest, deposited by the respondent/Insurance company in this appeal. 2. This Court (Coaram : P. V. Hardas and S. P. Kukade, JJ.) 2 C. A. No. 17040/2010 on 30th November, 2007 in Civil Application No. 9547/2007 allowed applicants to withdraw a sum of Rs. 5,00,000/-. In para 3 of the said order it is specifically stated that remaining sum of Rs. 4,00,000/- to be invested in the Fixed Deposit in any Nationalized Bank and the applicants shall not be entitled to withdraw this amount of Rs. 4,00,000/-. 2. Para 3 of the said order reads as under : "3. Since the Award of the Motor Accident Claims Tribunal has been passed in favour of the present applicants, we permit applicant No. 1 to withdraw an amount of Rs. 5 Lakhs. The remaining balance i. e. an amount of Rs. 4 Lakhs shall be invested in the Fixed Deposit in the Nationalized Bank, initially for the period of six years and thereafter to be renewed from time to time. Applicant No. 1 shall not be entitled to withdraw this amount of Rs. 4 Lakhs. Aforesaid deposit of Rs. 4 Lakhs would be subject to the decision of First Appeal. Application is allowed to the above extent." 3. Considering previous order dated 30th November, 2007, it is not possible to allow the applicants to withdraw the remaining sum of Rs. 4,00,000/-. The civil application is rejected. 3 C. A. No. 17040/2010 4. Print dispensed with. Learned counsel Mr. Garud appearing on behalf of applicants/original claimants undertaks to file private paper book within twelve weeks from today. On filing of private paper book, liberty is granted to the learned counsel on behalf of applicants/original respondents in the first appeal to move for early hearing. The civil application disposed of accordingly. [K. K. TATED, J.] bsb/Dec. 10