CA 6626/08 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6626 OF 2008 IN FIRST APPEAL NO. 1622 OF 2004 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. DATED : 18th March, 2011. PER COURT : 1. This is an application for withdrawal of amount. This Court earlier had passed an order that civil application would be considered along with the appeal. The first appeal is admitted, but the final hearing could not take place. The dispute is whether the appellant, owner of the vehicle involved in the accident is liable to pay the amount to claimant. Even if the appellant succeeds, at the most Insurance Company can be made liable. That should not be impediment for the claimant to claim the amount. As such, that earlier order was passed to hear the present civil application along with the appeal and as the appeal cannot be taken up for final hearing, I am inclined to allow the applicant to withdraw the amount deposited by the appellant in this Court. CA 6626/08 2 2. In the result, the application is allowed. Applicant is allowed to withdraw the amount deposited by the owner of the vehicle in this Court along with the accrued interest on furnishing solvent security of the like amount to the satisfaction of the Registrar. 3. Civil application accordingly disposed of. [ S. V. GANGAPURWALA, J. ] ssc/ca6626.08