1 C.A. No.2132.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2132 OF 2011 in FIRST APPEAL NO. 373 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. DATED : 18th March, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount deposited by the Insurance Company. 3. The learned counsel for the non applicant submits that it is the case of breach of policy. The deceased was traveling in a goods vehicle. As such, the Insurance Company is not liable. 2 C.A. No.2132.11 4. The Tribunal on appreciation of evidence has passed the Award. The contentions raised by the learned counsel would be subject matter to be considered at the time of final hearing, as the Award is in favour of the applicant, Therefore, I pass the following order. ORDER A] The applicant is allowed to withdraw 50% of the amount deposited by the Insurance Company,on furnishing solvent security of the like amount. The remaining amount shall be kept in fixed deposit of any Nationalized Bank. B] The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*