1 C.A. No. 5211.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5211 OF 2011 (Sonya Hanji Desai (Mawachi v. Premanand Navalji Tingle & anr ) in FIRST APPEAL NO. 587 OF 2011 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 : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. The non-applicant has deposited an amount of Rs. 2,40,000/- (Rs. Two lakhs forty thousand). 3. Shri Desale, learned counsel for the respondent opposes the application on the ground that, the deceased himself was negligent, as deceased had caught the 2 C.A. No. 5211.11 running vehicle. Be that as it may, the arguments would be considered at the time of final hearing of the appeal. Today Award is passed in favour of the claimants, after evaluation of evidence. At this stage, It will be in nobodies interest to keep the amount idle. 4. In light of that, I pass following order. ORDER A. The amount be transmitted to the Tribunal, and the applicant is allowed to withdraw Rs. 50,000/- (Rs. Fifty thousand) on furnishing an undertaking that in the event the appeal is allowed and applicant is directed to deposit the amount, he will deposit the same within one month from the date of such directions. B. The applicants is also allowed to withdraw Rs. 1,00,000/- (Rs. One lakh) on furnishing solvent security of the like 3 C.A. No. 5211.11 amount. Remaining amount be kept in fixed deposit in any Nationalized Bank. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*