1 ca 5761.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5761 OF 2011 IN FIRST APPEAL NO. OF 2011 Baban Amritrao Sakhare .. Applicant Versus New India Assurance Co. Ltd. and anr. .. Respondents Shri S. S. Chapalgaonkar, Advocate for the Applicant. Shri Dhananjay Deshpande, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD MAY, 2011. PER COURT : . This is an application for withdrawal of the amount. Shri Deshpande, the learned counsel for the Insurance Company opposes the application on the ground that it is clear case of breach of policy in as much as ten passengers were traveling in rickshaw which is not permissible. Even the Tribunal has observed this fact. 2. All these contentions would be required to be gone into at 2 ca 5761.11 the time of final hearing of the appeal. Today the award is in favour of the applicant. As such, I pass the following order. i) The applicant is allowed to withdraw an amount of Rs. 50,000/- on furnishing undertaking to this Court that in the event the appeal is allowed, the applicant would deposit the amount within a period of one month. ii) The applicant is also allowed to withdraw remaining amount on furnishing solvent security of the like amount. iii) The civil application accordingly disposed of. [ S. V. GANGAPURWALA, J. ] bsb/May 11