1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3635/2009 IN FIRST APPEAL NO.108/2009 ---------------------------------------------------- Rekha Laxman Devkare and others .. APPLICANTS VS Tushar Agrawal & Ors .. RESPONDENTS .... Shri D.Y.Nandedkar,Adv.for applicants Shri P.C.Mayure h/f S.G.Chapalgaonkar,Adv. for respondents. ... CORAM : R.K.DESHPANDE,J. DATE :24/07/2009 ORAL ORDER : 1. Heard learned cousel for respective parties. 2. This is an application moved by the original claimants who are applicants, for withdrawal of an amount of Rs.2,88,404/- deposited by the appellant in this Court. The total amount awarded by Motor Accident Claims Tribunal is of Rs.4,99,500/- with interest at the rate of 9% p.a. from the date of filing of the petition till its realization. The amount of Rs.50,000/- towards no fault liability has already been 2 withdrawn by applicants/claimants. 3. The learned counsel for the appellant no.2 Insurance Company states that the applicant be permitted to withdraw the said amount upon furnishing of solvent security. However, the amount which is directed to be deposited is only to the extent of 50% of the total claim granted by Motor Accident Claims Tribunal according to the respondent no.2. Hence in my opinion, it is not at all necessary to direct the applicants to furnish the solvent security and the amount can be permitted to be withdrawn. However, the applicants shall furnish an undertaking to this Court that in the event if the appeal succeeds, they shall deposit the amount in this Court. Hence the following order : . The applicants are permitted to withdraw the amount of Rs. 2,88,404/- deposited by the non-applicant no.2 insurance company, upon furnishing an undertaking to this Court that in the event, if the appeal succeeds, they shall re-deposit the amount which they had withdrawn. In view of this, the application stands disposed of. [R.K.DESHPANDE] JUDGE umg/ca7395-09 3