1 ca 4529.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4529 OF 2011 IN FIRST APPEAL NO. 2570 OF 2010 Tarabai Devram Thube and others .. Applicants Versus M.S.R.T.C. Ahmednagar, through its Divisional Manager .. Respondent Shri S. S. Shete, Advocate for Applicants. Shri M. K. Goyanka, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH APRIL, 2011. PER COURT : . This is an application for withdrawal of amount. The learned counsel for the respondent No. 1 opposes the application and submits that it is a case of contributory negligence, for which the present non applicant is not liable. Even if the defence of non applicant is considered there would be no impediment to allow the applicant to withdraw 50% of the amount on undertaking. 2 ca 4529.11 2. In the light of above, the applicant is allowed to withdraw 50% of the amount deposited by the non applicant on furnishing undertaking to this Court to the effect that in case the appeal is allowed the applicant would deposit the amount within a period of one month. The remaining amount shall be kept in fixed deposit of any nationalised bank. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11