1 CA 10696.2010 in FA 1046.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10696 OF 2010 IN FIRST APPEAL NO. 1046 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATE : 15/04/2011 PER COURT : 1. This is an application for withdrawal of amount. Mr. S.V. Kulkarni, the learned counsel for the Insurance Company states that in fact an offence is registered against the driver of the truck and the present Insurance Company would not be liable. Still the Tribunal has held that the driver of the jeep was also negligent. 2. Be that as it may. The Award is in favour of the applicants. In that light of the matter, I allow the applicants to withdraw 25 % of the amount on submitting an undertaking that in the event the Appeal is allowed and the applicants are required to deposit the amount, they would deposit the 2 CA 10696.2010 in FA 1046.2010 same within the period of one ( 1 ) month. The applicants are allowed to withdraw 25 % of the amount on furnishing solvent security of the like amount. The remaining 50 % of the amount be kept in Fixed Deposit of any Nationalized Bank. The Civil Application is accordingly disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 10696.2010 in FA 1046.2010