: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1668 OF 2010 IN FIRST APPEAL (ST.) NO.29514 OF 2008 Ramdas Sakharam Kutval .. Applicant V/s. United India Insurance Co. Ltd. & Ors.. Respondents Mr. P.J. Pawar for the Applicant. Mr. H.E. Misar for Respondent No.1. Mrs. A.R.S. Baxi for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 30 TH APRIL, 2010. P.C.: 1. The Civil Application has been filed for withdrawal of the amount which has been deposited by the respondent-Insurance Company pursuant to the order of this Court while granting a stay of the Award dated 27th July, 2007 passed by the Motor Accident Claims Tribunal, Pune in Motor Accident Claim Application No.9 of 2001 filed by the applicant. : 2 : 2. The learned Advocate for the respondent- Insurance Company submits that if the amount is permitted to be withdrawn, the First Appeal will become infructuous and the stay granted would have no meaning. He, therefore, submits that there would be no question of permitting withdrawal of the amount. This submission of the learned Advocate appearing for the respondent-Insurance Company is untenable. Merely because an amount is allowed to be withdrawn which has been deposited pursuant to the order of this Court, it would not make the First Appeal infructuous. His submission is, therefore, unsustainable. 3. For the reasons stated in the Civil Application, it is allowed in terms of prayer clause (b). 4. The amount may be disbursed to the applicant, subject to furnishing security to the satisfaction of the Registrar General, High Court, Bombay, within a period of eight weeks from today.