1 CA 4833.2011 in FA St 35804.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4833 OF 2011 IN FIRST APPEAL STAMP NO. 35804 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.S.Chapalgaonkar, Advocate for the aplicant Mr.P.C.Mayure, Advocate holding for Mr. M.K.Goyanka, Advocate for the respondent .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 28/04/2011 PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. The present applicants pray for withdrawal of Rs. 4,00,000/-. The defence of the non applicant is that the other vehicle was also liable to the extent of 50 %. So under any circumstance, the non applicant is not disputing the liability to the extent of 50 %. Some of the applicants are minors. The entitlement of the applicant is not disputed. 2. In that light of the matter, I pass the 2 CA 4833.2011 in FA St 35804.2010 following order. The applicant no. 1 is allowed to withdraw the amount of Rs. 2,50,000/- and the applicant no. 5 is allowed to withdraw the amount of Rs. 1,26,000/- on furnishing an undertaking that in the event the Appeal is allowed, the applicants will deposit the amount within the period of one ( 1 ) month. The amount of Rs. 3,76,000/- be transmitted to the Tribunal for disbursement to the applicant nos. 1 and 5. The rest of the amount be kept in the Fixed deposit of any nationalized bank. [ S.V. GANGAPURWALA,J. ] KNP/CA 4833.2011 in FA 35804.2010