: 1 : Dixit IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1015 OF 2007 APPLICATION NO.1015 OF 2007 APPLICATION NO.1015 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.139 OF 2006 APPEAL NO.139 OF 2006 APPEAL NO.139 OF 2006 Titus Jose ...Applicant V/s. The New India Assurance Co. Ltd., . Mumbai & Anr. ...Respondents Mr.M.G. Barve, Advocate, for the Applicant. Mr.S.S. Vidhyarthi, Advocate, h/f. S.M. Vidyarthi, for the Respondents. CORAM CORAM CORAM : J.N. PATEL & : J.N. PATEL & : J.N. PATEL & A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 17TH SEPTEMBER, 2007. : 17TH SEPTEMBER, 2007. : 17TH SEPTEMBER, 2007. P.C. P.C. P.C. : : : 1. Applicant-claimant has already permitted to withdraw a sum of Rs.6 lacs without furnishing security/surety. In the facts and circumstances of the case, it will not be proper to permit the applicant-claimant to withdraw the additional sum of Rs.13 lacs without furnishing security/surety. Therefore, we are not inclined to consider the Civil Application and the same is rejected. 2. Nothing prevents the applicant-claimant from withdrawing the amount of Rs.13 lacs on furnishing security/surety to the satisfaction of the Tribunal. : 2 : [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [J.N. [J.N. [J.N. PATEL, J.] PATEL, J.] PATEL, J.]