1 CA 14780.2011 in FA. 306.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 14780 OF 2011 IN FIRST APPEAL NO. 306 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. DATE : 09/12/2011. PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. 2. The Tribunal has awarded total amount of Rs. 4,77,341/- vide its Judgment and Award dated 14/10/2010. Out of the said amount, the amount of Rs. 3,50,000/- is directed to be kept in the fixed deposit in the Nationalized Bank for the period of three ( 3 ) years. 3. Mr. Dhananjay P. Deshpande, the learned counsel for the Insurance Company opposes the application and submits that the Insurance Company is not liable to pay any amount. Even the driver was not added as party. 2 CA 14780.2011 in FA. 306.2011 4. All the contentions of the Insurance Company will be required to be dealt at the time of final adjudication. Today the Award is in favour of the present applicant. The amount of Rs. 3,50,000/- is kept in the fixed deposit, the principal amount that remains is Rs. 1,27,000/-. 5. In the result, I pass the following order. The applicants are allowed to withdraw Rs. 1,27,000/- in the proportion as per the Award passed by the Tribunal on furnishing an undertaking to this Court that in case they are required to deposit the amount, they would deposit the same within the period of one ( 1 ) month from the said order. Liberty to the applicant to move for withdrawal of the remaining amount after the period as stated in the Award of keeping the amount in fixed deposit lapses. The Civil Application is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 14780.2011 in FA. 306.2011