IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1456 OF 2004 CIVIL APPLICATION NO. 1456 OF 2004 CIVIL APPLICATION NO. 1456 OF 2004 IN IN IN FIRST APPEAL NO. 1063 OF 2002 FIRST APPEAL NO. 1063 OF 2002 FIRST APPEAL NO. 1063 OF 2002 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- Shri A. B. Borkar for the applicant. Shri J. S. Chandnani for the respondents. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 10TH SEPT., 2004 DATED: 10TH SEPT., 2004 DATED: 10TH SEPT., 2004 P.C.: P.C.: P.C.: 1. Heard both sides. Perused. 2. This is an application for withdrawal of the amount deposited by the respondent Insurance Company in the lower Court. In view of the facts and circumstances, the applicant is allowed to withdraw the amount of Rs.40,000/- from the amount deposited and remaining amount to be invested in fixeddeposit in any nationalized bank by the lower Court. The amount of Rs.25,000/- deposited by the respondent Insurance Corporation under Sec. 173 of the M.V. Act shall also be invested in similar manner. With these directions, the application stands disposed of with no order as to costs. Parties to act on the authenticated copy of this order. .....