1 C.A. No.5788 .11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5788 OF 2011 ( Sumanbai Subhash Jadhav & Ors V. The New India Assurance Company Ltd.) in FIRST APPEAL (ST) NO. 2379 OF 2011. Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 29th APRIL, 2011 PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. 2. Shri Kadethankar, learned counsel for the respondent opposes the application on the ground that even the Tribunal has come to the conclusion that the driver had no valid licence, but still had directed the Insurance Company to pay the amount and then to recover from the owner. Such directions cannot be passed, the same issue is sub-judiced before the larger 2 C.A. No.5788 .11 bench of the Apex Court. 3. The non-applicant has deposited an amount of Rs. 3,25,050/- (Rs. Three lakhs twenty five thousand fifty). It will be in nobodies interest to keep the amount idle. At the same time, the interest of the Insurance Company will have to be safeguarded. As such I pass following order. ORDER A. The applicants are allowed to withdraw 50% of the amount deposited by the Insurance Company on furnishing solvent security of the like amount. Remaining amount be kept in fixed deposit in any Nationalized Bank. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*