1 C.A. No.2713.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2713 OF 2011 (Gayabai Vasantrao Patrre & ors V. The National Insurance Co. Ltd.) in FIRST APPEAL NO. 1500 OF 2010 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 : 1st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. 3. Shri Kulkarni, learned counsel for the respondent opposes the applicant on the ground that the deceased himself was negligent, and there was breach of policy. The Award has been passed in favour of the claimants after evaluation of evidence. 2 C.A. No.2713.11 The contentions raised by Shri Kulkarni can be considered at the time of final adjudication of the matter. At this stage, It will be in nobodies interest to keep the amount lying idle. 4. In the result, I pass following order. ORDER A. The applicants are allowed to withdraw 25% of the amount deposited by the Insurance Company on furnishing undertaking that in the event the appeal is allowed and applicants are required to deposit the amount, they shall deposit the same within one month. B. The applicants are also allowed allowed to withdraw 25% of the amount deposited by the Insurance Company on furnishing solvent security of the like amount. Remaining 50% amount be kept in fixed deposit in any Nationalized Bank. 3 C.A. No.2713.11 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*