1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F. St. No.6109/2010 in First Appeal No.107/2009. ( National Insurance Co. Ltd., through its Branch Manager ..V/s.. Balkrishna Mahadeorao Shende & others ) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri Shashikant Borakar, Adv. for applicant. Shri Vora, Adv. for respondent no.1. CORAM : R.M.SAVANT, J. DATED : 12.01.2011. By the above civil application the applicant prays for being permitted to withdraw the amount to the extent mentioned in the order dated 16th of March 2009. The amount allowed to be withdrawn was to the extent 50 % of the amount deposited by the appellant – insurance company in this Court. The application in fact seeks waiving of the conditions imposed by the said order. The learned counsel for the applicant states that the respondents/claimants belong to the lower strata of society and therefore, in spite of best efforts have not been able to comply with the conditions mentioned in the order dated 16th of March 2009. It is required to be noted that the appellant insurance company has questioned its very liability to pay the amount on account of the 2 death of father of respondent no.1. In my view, it would not be possible to waive the conditions mentioned in the order dated 16th of March 2009. The interest of justice would be served if the hearing of the appeal is expedited. The appeal is therefore, fixed for final hearing in the week commencing from 7th of February 2011, to be shown on the daily board after the admission matters. Civil application is accordingly disposed of. JUDGE Tambaskar.