1 CA 1266.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. CIVIL APPLICATION NO. 1266 OF 2009 IN FIRST APPEAL (ST.) NO. 14521 OF 2007 (Govind S/o Waman Bhamre and others VS The New India Assurance Co. Ltd. and ors.) Mr. H.V. Tungar, Advocate h/f. Mr. C.R. Deshpande, Advocate for the applicants Mr. P.C. Mayure, Advocate h/f. Mr. S.G. Chapalgaonkar, Advocate for respondent no.1 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:­ 1] Heard Mr. Tungar and the learned counsel for the appellant Insurance Company. The request is made by the claimants to allow withdrawal of the amount deposited by the appellant Insurance Company. The claimants have requested for withdrawal of amount of Rs.8,66,082/­ deposited by the appellant Insurance Company. 2] The controversy basically revolves in the challenge by the appellant Insurance Company to the quantum recorded by the learned Judge while deciding M.A.C.P. 225 of 2002 where basic claim 2 CA 1266.09 was for Rs.10 Lakhs. The record shows that the appellant Insurance Company has deposited statutory deposit of Rs.25,000/­ on 20.7.2007 and thereafter, Rs.8,41,082/­ on 23.11.2007. Considering the challenge by the appellant Insurance Company about the income of the deceased and the quantum, circumstances and fact situation demand that instead of allowing the Application for withdrawal for the entire amount, the claimants be allowed to withdraw amount to the tune of Rs.4,25,000/­ as under:­ ORDER [I] The Application is partly allowed. The claimants are permitted to withdraw amount of Rs.4,25,000/­ from the amount deposited by the appellant Insurance Company. Balance to remain in fixed deposit in a nationalised Bank. 3] Application allowed as above. Sd/­ DT. : 05.05.2010 (K.U. CHANDIWAL, J.) arp