1 C.A. No.2953 .11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2953 OF 2011 ( Ratan Chima Jadhav V. Sau. Vasudha S. Shelar & another) in FIRST APPEAL NO. 40 OF 2010 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 : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount of Rs. 1,40,500/- (Rs. One lakh forty thousand five hundred) deposited by the non-applicant No. 1. The learned counsel for the respondent opposes the application on the ground that, in fact, two vehicles are involved in the accident and the driver of the other vehicle was negligent and he was not made party. 2 C.A. No.2953 .11 3. The non-applicant has deposited 50% of the amount. Even if the arguments of the learned counsel for respondent are accepted, still the applicant would be liable at least to some extent. At this stage, It will be in nobodies interest to keep the amount lying idle. 4. In the result, I pass following order. ORDER A. The amount deposited in this Court be transmitted to the Tribunal. The applicant is allowed to withdraw 50% of the amount deposited, on furnishing an undertaking that in the event the appeal is allowed and applicant is directed to deposit the amount, he shall deposit the same within one month from the date of such direction. B. The applicant is also allowed to withdraw remaining 50% of the amount on 3 C.A. No.2953 .11 furnishing solvent security of the like amount. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*