1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9661 OF 2010 IN FIRST APPEAL NO. 164 OF 2002 Smt. Vidyabai Vijay Shrikhande and others .. Applicants Versus Manjitrao Ganpatrao Patil .. Respondents Shri Dilip N. Bankar Patil, Advocate for Applicant. Shri S. R. Deshpande, Advocate for the Respondent No. 1A to 1C. Shri A. M. Phule, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 2. Shri V. G. Salgare, Advocate for the Respondent No. 4. Shri V. N. Upadhye, Advocate for the Respondent No. 7. The respondent Nos. 5 and 6 are deleted. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . Shri Bankar Patil, learned counsel for applicants seeks leave to delete the respondent Nos. 5 and 6. Leave granted at the risk of the applicants. 2 2. The claim petition filed by the present applicants came to be allowed by the Tribunal. The present non applicant No. 1 who was the registered owner of the vehicle on the said date has challenged the said award. Shri Deshpande, learned counsel for the non applicant No. 1 states that, in fact on the date of accident he had transfered the vehicle to respondent No. 5 and it was in his possession. Actually it is the respondent No. 5 who is liable to pay the amount. 3. Even if the case of the present non applicant No. 1 is accepted still it cannot be disputed that the claimants would be entitled for the said amount, at the most the liability would shift on the respondent No. 5. In such circumstances, there is no impediment for allowing the applicants to withdraw the amount. In the result I pass following order. 4. The applicants are allowed to withdraw an amount of Rs. 1,50,000/- (Rs. One lac Fifty thousands only) on giving an undertaking by affidavit that if the applicants are directed to deposit the amount the same would be deposited within a period of one month. The remaining amount with accrued interest if any, the applicants are allowed to withdraw on furnishing solvent 3 security of like amount. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10