(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9951 of 2009 (In First Appeal No. 1588 of 2007) 1. Vandana w/o. Madhukar Phadke, 2. Smt. Shuchita w/o. Anand Phadke, 3. Rujuta d/o. Anand Phadke, 4. Rishikesh d/o. Anand Phadke .. Applicants. versus The New India Assurance Company Ltd., Branch Jalgaon. .. Non-applicant. ....................... Mr. M.R. Chhallani, Advocate, for the applicants. Mr. V.R. Mundada, Advocate, for the non-applicant. ......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 25TH SEPTEMBER 2009. (2) COURT'S ORDER : 1. This is an application on behalf of the original claimants, for withdrawal of the amount, deposited by the appellant (non-applicant herein). 2. The application is partly allowed. (i) Out of the amount deposited by the appellant, fifty percent amount is permitted to be withdrawn by the applicants on their furnishing undertaking to this court, that in the event, it is found that the amount withdrawn by them is in excess of the amount to which they are entitled, they would refund the same. (ii) The remaining fifty percent amount shall be invested by the Registrar (Judicial), in a fixed deposit receipt, in State Bank of Hyderabad, High Court Branch, initially for a period of three years and thereafter to be renewed year to year basis till final disposal of the appeal. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9951