1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12773 OF 2010 IN FIRST APPEAL STAMP NO. 105 OF 2004 Pandurang Deoram Gawali .. Applicant Versus The United India Insurance Company Ltd. Nandurbar and others .. Respondents Shri Ajay D. Pawar, Advocate for the Applicant. Shri A. B. Gatne, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . Heard Shri Pawar, learned counsel for the applicant and Shri Gatne, learned counsel for the non applicant No. 1. This is an application for withdrawal of amount of Rs. 25,000/- deposited by the Insurance company as per the orders passed by this Court on 10.12.2003. It is the case of the applicant that in 2009 his wife had to under to angioplasty and for that huge amount is required 2 to be spent and he has taken loan from the Primary Teachers Co- operative Bank Ltd. Dhule, who is facing financial problems. 2. Shri Gatne, learned counsel for the non applicant/insurance company strongly opposes the application for withdrawal of the amount on the ground that in fact there was no policy coverage. The non applicant/insurance company is not liable for any amount. The aplicant has already received Rs. 25,000/- on account of no fault liability. In view of the fact that the non applicant is not at all liable, Shri Gatne, states that applicant would not be entitled for the withdrawal of any amount. 3. Shri Pawar, learned counsel for the applicant submits that the present applicant is a teacher and still in service at Nawapur taluka, Dist. Dhule. Taking into account that the amount of withdrawal which is sought is meager one and taking into account the circumstances put forth by the applicant, the applicant is allowed to withdraw the amount of Rs. 25,000/- on furnishing an undertaking in the form of affidavit stating that the applicant would deposit the amount of Rs. 25,000/- if the appeal is allowed and further that he would allow the charge to 3 be kept on his salary. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10