1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9469 OF 2010 IN FIRST APPEAL NO. 2005 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ CORAM : S.V.GANGAPURWALA, J. DATE : 24/09/2010 PER COURT : 1. This is an application for withdrawal of amount deposited by the Insurance Company. The applicants are the original claimants. The defence of the Insurance Company is of contributory negligence. Even if the defence of the Insurance company is accepted, still the liability of the Insurance Company can not be totally wiped out. 2. In the light of the above, I allow the applicant to withdraw 50 % amount deposited by the Insurance Company on furnishing an undertaking 2 on affidavit that in the event the Appeal filed by the Insurance Company is allowed and the applicant is required to deposit the amount, the applicant shall deposit the said amount within the period of one month. The present Civil Application is accordingly disposed of. [ S.V.GANGAPURWALA ] JUDGE knp/CA 9469.10 in FA 2005.2009