FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CIVIL APPLICATION NO.3490/2011 IN FA 729/2009 CORAM : S.V. GANGAPURWALA, J. DATE : 15 th APRIL, 2011. 1. This is an application for withdrawal of the amount. Shri Thombare learned counsel for the non applicant resisted the application on the ground that the Tribunal has passed the judgment without considering the evidence led by the respondent. It has given a perverse finding that the respondents have not led evidence at all, but in fact evidence was led. In view of the fact that there is perverse finding and the defence of the non applicant is that the vehicle of the non applicant was not at all involved in the accident, applicants may not be allowed to withdraw the amount. According to learned counsel, initially order was passed that the matter should be finally disposed of at the admission stage. 2. First appeal is admitted. Hearing of the appeal would require re-consideration of the total evidence. All the contentions raised by Advocate Shri Thombre would be considered at the time of FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders disposal of the appeal. Today the award is in favour of the present applicants. It would be in nobody’s interest to keep the amount idle. At the same time, interest of the non applicant will have to be safeguarded. In that view of the matter, I pass following order. O R D E R 1. The applicants are allowed to withdraw an amount of Rs.1,00,000/- (Rs. one lac) on furnishing solvent security of the like amount. Remaining amount shall be kept in fixed deposit in any Nationalized Bank. ( S.V. GANGAPURWALA, J.) --- Dt:15.04.2011 aaa/3490.11