1 ca9233.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9233 OF 2010 IN FIRST APPEAL NO.806 5 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Shrihari P. Davare, J. Date : 11.02.2011. 1. Heard Shri K.N.Nagarkar, learned Counsel for the applicant and Shri P.C. Mayure, learned Counsel holding for Shri S.G. Chapalgaonkar, learned Counsel for Respondent No.1. 2. Leave to correct the name as prayed, granted. This is an application preferred by the applicant, praying to remit the amount deposited by Respondent No.1 in present matter, to M.A.C.T., Nanded. 3.. The learned counsel for the applicant submits that ,as per order passed by this court on 24.6.2008 in 2 ca9233.10 present appeal, the applicant was permitted to withdraw the said amount, on furnishing adequate security. The applicant submits that he cannot approach this court to withdraw the amount due to his old-age problem and, therefore, has preferred this application for the relief set out hereinabove. 4. Considering the contents of the application, prayer deserves to be allowed, in the interest of justice. Hence, civil application is allowed in terms of prayer clause (B) thereof, and the amount deposited by respondent no.1-insurance company, be remitted back to the M.A.C.T., Nanded and the applicant shall be permitted to withdraw the said amount, on condition of furnishing adequate solvent security for the said amount to the satisfaction of the learned Member, M.A.C.T. Nanded. 5. Application stands disposed of, accordingly. pnd/ca9233.10 (SHRIHARI P. DAVARE, J.)