1802caf382.10.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 382/2010 IN FIRST APPEAL NO. 305 OF 2004 (The Branch Manager, The National Insurance Co. Ltd. Vs. Mohan Narayan Kale & 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. D. N. Kukday, Advocate for the appellant. Mr. M. H. Pathade, Advocate for respondent No. 1. C ORAM : F. M. REIS, J. DATED : 18th February, 2010. Heard. This is an application filed by respondent No. 1 to withdraw the amount deposited by the appellant at the time of obtaining the stay of the impugned judgment and award passed by the Motor Accident Claims Tribunal. It is the contention of the applicant that he is entitle to withdraw the amount as according to him he has suffered injuries due to the accident. On the other hand, the learned Counsel for the appellant states that there is no insurance policy issued by the appellant in respect of the Auto rickshaw which has met with an accident. This contention is sought to be disputed by the 1802caf382.10.odt 2/2 learned Counsel for the applicant/respondent. In the facts and circumstances of the case, the applicant/respondent No. 1 is permitted to withdraw 25% of the amount deposited on furnishing solvent surety to the satisfaction of the Registrar (Judicial). The remaining amount shall be deposited in the nationalised Bank initially for the period of one year and the same shall be renewed from time to time until the disposal of the above appeal. The application is disposed of accordingly. JUDGE wwl