1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2925 OF 2010 IN FIRST APPEAL NO. 1373 OF 2009 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 : 01/10/2010 PER COURT : 1. This is an application filed by the original claimants for withdrawal of the amount deposited by the non applicant no. 1 in this Court pursuant to the order passed by this Court. 2. The claim of the present applicants was allowed by the Motor Accident Claims Tribunal. The owner of the vehicle has filed Appeal as the Insurance Company has been exonerated. 3. Mr. Joshi, the learned counsel for non applicant no. 1 states that the Insurance Company has been wrongly exonerated. In fact, the Insurance Company was liable to pay the amount and if the non applicant no. 1 succeeds in the Appeal, then in such circumstances, the Insurance Company would be liable. 2 4. The dispute appears to be interse between non applicant nos. 1 and 2. The fact that the claimants are entitled to the amount is not the disputed fact and more over the Tribunal has passed Award holding the applicant entitled for the same. Whether the Insurance Company is liable or not, would be the matter of adjudication in the Appeal. Prima facie, the applicant seems to be entitled for the said amount. 5. In the light of the same, the applicants are allowed to withdraw Rs. 3,98,000/- deposited by non applicant no. 1 on furnishing an undertaking in the form of an affidavit that if this Court directs the applicant to deposit the amount, the applicant would deposit the same within the period of one month from the date of the order, if passed. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 2925.10 in FA 1373.09