1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5640 OF 2010 IN FIRST APPEAL NO. 528 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 06.05.2010 1. This is an application filed by the claimant for withdrawal of amount deposited by the Insurance Company. The Insurance Company has deposited total amount of Rs. 1,29,520/- in this Court. Heard learned advocates for the applicant and the respondents. 2. Adv. Shri V.B. Patil for respondent No.3 and Adv. Shri Nagargoje h/f. Adv. Shri P.R. Katneshwarkar for respondent No.2 have no objection. Adv. Shri V.R. Mundada for respondent No.1 – Insurance Company has strong objection. He states that as stated in the application para 5, the applicant was travelling as passenger in the 2 tractor and that itself clearly indicates that there was breach of policy and that admission has to be taken into consideration at this stage. The only reason given for payment is that the applicant has lost his one leg and permanently disabled and he is 70 years of age. 3. In the circumstances, it is directed that pending the appeal the amount deposited in the Court be kept in the F.D.R. of nationalized bank and periodical interest thereon be paid to the applicant on his undertaking to repay the same as and when directed by this Court. 4. The Civil Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/MAY10/ca5640.10