ash 1 caf-4645.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4645 OF 2010 IN FIRST APPEAL NO.1837 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.M. Dange for the Applicant. Shri B.A. Walimbe for Respondent Nos.1 and 2. Shri Ramdas Hake i/by Shri Shri S.P. Kadam for Respondent No.3. -- CORAM : A.S.OKA, J. DATE :15TH JUNE, 2011 P.C.: . Heard learned counsel appearing for the Applicant, the learned counsel appearing for the Respondent Nos.1 and 2 and learned counsel appearing for Respondent No.3. 2. The Appeal has been admitted for final hearing. The issue involved is of liability of the Applicant- Company to satisfy the award passed against the insured. The contention of the Applicant is that the insurance policy was effective from 7th March, 2005 and the accident occurred on 4th March, 2005. However, there is ash 2 caf-4645.10 a finding recorded that on 4th March, 2005, the insured deposited premium amount in cash and a receipt in that regard has been issued by the Applicant. 3. In view of this finding, the Claimants will have to be permitted to withdraw the amounts subject to filing an undertaking that they will bring back the amount with appropriate rate of interest if the Applicant succeeds in the Appeal. Even if the Applicant succeeds in Appeal, the compensation amount can be always recovered by the Applicant from the insured by executing the same impugned award. 4. Subject to what is observed above, the Application is rejected. However, before withdrawing the amount, the 1st and the 2nd Respondents will have to file an undertaking to the Tribunal stating that they will bring back the entire amount with interest accrued thereon in the event they are directed to do so at the time of final hearing of the Appeal. 5. There will be no orders as to costs. (A.S.OKA, J)