IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 408 OF 2009 IN FIRST APPEAL NO. 330 OF 2007 DR. ASHOK RAIKAR ... Applicant Versus THE NATIONAL INSURANCE COMPANY LTD ... Respondent Mr. S. D. Lotlikar, Senior Advocate with Ms. Gemini Xettigar, Advocate for the applicant. Ms. M. S. Joshi, Advocate for the respondent. Coram:- B. P. DHARMADHIKARI & U. D. SALVI, JJ. Date:- 7th May, 2009 P.C. Heard. Withdrawal is sought for some medical treatment. Advocate Shri Joshi appearing for the Insurance Company is strongly opposing the prayer for withdrawal and he wants to point out to this Court what according to him constitutes the error apparent. He also states that leave under Section 170 was granted. 2. We find at this stage that the arguments of Advocate Joshi are misconceived. We have heard respective Advocates on the issue of furnishing some security and Senior Advocate Shri Lotlikar for the claimant has stated that the claimant is not in a position to furnish any security, immediately. The amount required for expenditure, on medical treatment, is not quantified and also there is no document filed in support thereof. In the circumstances, we permit the claimant-applicant to withdraw 50 % of the amount as deposited, subject to filing an undertaking on affidavit that in case the appeal filed by the Insurance Company is allowed, the amount as directed by this Court may then be redeposited within six weeks of such adjudication, with such interest as the Court may then direct. The affidavit of undertaking be filed first and thereafter, the 50 % of the amount, as deposited, should be allowed to be withdrawn. The applicant-claimant is given time till 30.6.2009 to furnish appropriate security for the amount thus allowed to be withdrawn as prayed for by him. B. P. DHARMADHIKARI, J. U. D. SALVI, J. ssm.