1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6218 OF 2007 IN FIRST APPEAL NO. 1075 OF 2007 Sou Kausalyabai Badrinarayan Kakani & ors. ....Applicants Vs. Branch Manager New India Assurance Co. Ltd. & anr. ....Respondents Mr. M.M.Sathaye, advocate for the applicant. Mr. Yadu Bhargavan i/b. M/s. R. Bhargavan & associates for respondent. CORAM:- A.M.KHANWILKAR AND A.A..SAYED, JJ DATED:- JULY 29, 2010 P.C. Heard Counsel for the parties. 2. Perused the order dated 8th August, 2008 passed in this Application. Counsel for the Applicant in all fairness states on instructions that the Applicant Nos. 2 & 3 are not in a position to file undertaking for the simple reason that there is another proceedings in which the Applicants have claimed compensation in relation to the subject accident. As the order passed by this Court dated 8th August, 2008 is conditional one, it necessarily follows that the Applicants 2 cannot be permitted to withdraw the amount as of now. 3. Accordingly, this Application is disposed of. However, it will be open to the Applicants to make the request in changed situation, if any and/or depending on the order passed in the other proceedings. That Application will be considered on its own merits. (A.A.SAYED, J) (A.M.KHANWILKAR, J)