1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2859 of 2010. IN FA No.417 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 27.08.2010. 1. Heard learned counsel for the parties. 2. The present applicant is the successful claimant. The decree to the extent of Rs. 2,42,000/- (Rupees two lacs forty two thousand only) with interest at the rate of Rs.9% p.a. from the date of petition has been passed in his favour. Mr.Jadhavar, learned counsel for the appellant vehemently opposes the application for withdrawal on the count that there is no contractual relationship between the claimant and the sugar factory and that the accident is the result of negligence of the claimant himself. All these arguments are to be gone into at the time of final hearing. Interest of justice would sub-serve if withdrawal of Rs.1,00,000/- (Rupees one lac only) on furnishing solvent surety is allowed. 3. The applicant is allowed to withdraw an amount of Rs.1,00,000/- (Rupees one lac only) on furnishing solvent surety of the like amount. The rest of the amount be kept in Fixed Deposit if not already deposited in the Fixed Deposit. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.27.08.2010. asp/office/Ca2859.10