1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.F.NO. 789 of 2010 in F.A.NO.702 of 2008 The Oriental Insurance Co.Ltd. ..vs.. Shaikila Nasir Sheikh =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.A.R.Godbole,Adv. for the appellant. Mr.A.K.Bangadkar Adv. for resp. C ORAM : C.L.Pangarkar, J. DATED : 15th April, 2010. Heard the learned counsel for the appellant and the respondents. This application has been moved by the respondent no.1 for withdrawal of the amount deposited by the appellant/Insurance Company in the court. The Tribunal has held that there was a breach of condition of policy and has directed the appellant to recover the amount from the owner after paying the amount to the claimant. The Supreme Court had given such a direction under Article 142 of the Constitution of India and Supreme Court alone can give such a direction. Neither the 2 Tribunal nor the High Court as such has a power. In this appeal, the only challenge to the award is on this ground alone. In view of this, the amount deposited by the appellant cannot be paid to the respondent. The respondent/claimant is, however, at liberty to recover the said amount from the owner. JUDGE. chute