1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F. NO. 419/09 IN FIRST APPEAL NO. 144 OF 2007. Branch Manager .vs. Sunita V. Potode & others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : PRASANNA B. VARALE, J. DATED : APRIL 2, 2009. Heard Mrs. Monali Pathode, learned Counsel for the applicant/respondent no.1 and Mr. Dhanagare, learned Counsel for the appellant. The learned Advocate for the applicant submits that this application is moved for withdrawal of the amount which is deposited by the appellant Assurance Company and which is kept in fixed deposit. The learned Advocate further submits that the respondent no.3, i.e. Miss Darshana is prosecuting her studies and because of the accident she has suffered serious injury. The respondent no.3 is under medical treatment. The medical certificate issued by Dr. Padole is placed on record. The medical expert opined that Darshana needs further medical treatment. The learned Advocate further submits that as the respondent no.1 is having no source of income and she is in need of financial assistance for the medical treatment of her daughter, i.e. respondent no.3 Ms. Darshana, the amount be permitted to be withdrawn on conditions as this Court deems fit. Mr. Dhanagare, the learned Advocate appears for the appellant. 2 In view of the submissions made by the learned Advocate and for the reasons stated in the application, the applicant is permitted to withdraw Rs.1,00,000/- out of share of respondent no.3 Darshana to meet medical expenses on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) and on submitting an undertaking that in case the appellant succeeds, the amount will be refunded with 8% interest within four weeks thereafter. Needless to mention that these directions are issued keeping rights of the parties reserved. In view of the above terms, the application is allowed and disposed of accordingly. J. JUDGE.