1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA Nos.3880/2006; 12333/2005 IN FIRST APPEAL NO.1115/2006 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 10 th July, 2009. 1) Heard learned Counsel extensively. Withdrawal application made by the original claimants is opposed strenuously touching to the merits of the case involving petition under Section 163-A of the Motor Vehicles Act. The Counsel for the appellant/insurance company contended that there is a Full Bench Judgment of Karnataka High Court reported in 2004 ACJ 1289 (Appaji Vs. N. Krishna )and also the Judgment of this Court reported in 2007 (3) Mh.L.J. 256. 2) The fact remains there is an Award in favour of the original claimants. The matter is admitted, pending for decision to the objection raised by the appellant/insurance company. However, considering the nature of controversy and the order 2 being dated 26.7.2005 passed by the learned Member, MACP, Parbhani, the claimants cannot be further stranded to wait for the fruits of the Award on technical aspects. If the appellant/insurance company ultimately succeeds, precaution for reimbursement can at the most be ensured. But, that does not mean to stall the prayer for withdrawal or receiving the amount. Learned Counsel for the appellant insisted for bank guarantee in case prayer for withdrawal is granted. Consequently, following order - The claimants to receive the deposited amount from this Court on their furnishing solvent surety to the satisfaction of the learned Registrar of this Court. 3) CA No.12333/2005 for stay is also disposed of as sought by counsel for the appellant/insurance company. ( K.U.CHANDIWAL ) JUDGE bdv/ca3880.06