1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2857 OF 2008 CIVIL APPLICATION NO. 2857 OF 2008 CIVIL APPLICATION NO. 2857 OF 2008 IN IN IN FIRST APPEAL NO.1037 OF 1999 FIRST APPEAL NO.1037 OF 1999 FIRST APPEAL NO.1037 OF 1999 Prajwal V. Memane .. Applicant V/s. United Insurance Co.Ltd. & Ors. .. Respondents Mr.P.U.Badadare i/b.R.S.Deshpande for the Applicant. Mr.M.G.Barve for the Respondents. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : JUNE 4TH, 2008. DATE : JUNE 4TH, 2008. DATE : JUNE 4TH, 2008. P.C. P.C. P.C. . Rule. Heard forthwith. 2. Mr.Badadare appears for the Applicant. Mr. Barve appears for the Respondent Insurance Company. The learned Advocate appearing for the Applicant submits that the Applicant preferred Civil Application No. 3711 of 2001 for withdrawal of the decretal amount which was deposited by the Respondent No.1. The Civil Application is allowed by this Court by order dated 5th September, 2001. The Appellant was allowed to withdraw the amount on furnishing security in the registry of this Court at the time of withdrawal of the amount. 2 2. The learned Advocate for the Appellants submits that the Appellants are not in a position to furnish any security for the withdrawal of the amount and therefore the amount is not withdraw though this Court by order dated 5th September, 2001 allowed the Applicant to withdraw the amount on furnishing security. 3. The Advocate for the Appellant submits that the Appellant should be permitted to withdraw the amount deposited by the Respondent No.1 without furnishing any security as the Applicant does not have any source to furnish security. 4. The learned Advocate appearing for Respondents vehemently opposed the prayer of the Applicant that the amount should not be allowed to be withdrawn without furnishing any security. 5. After going through the contents of the Application, I am satisfied that earlier order dated 5th September, 2001 needs to be modified to the extend it binds the Appellant to withdraw the amount only after furnishing the security. Accordingly, the earlier order is modified, the Appellant is permitted to withdraw the amount deposited by the Respondent 3 Insurance Company on furnishing personal undertaking. The Appellant to file personal undertaking that, in case, the Appellants succeeds Applicant will bring back amount with interest. The Application is allowed and disposed of. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)