1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10847 OF 2009 IN FIRST APPEAL ST.NO.15073 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. A.B. Dhongade, Advocate for the applicant. Mr. S.V. Kulkarni,, Advocate for the respondent No.1. CORAM : R.G. KETKAR, J. DATE : 14TH DECEMBER, 2009 Heard Shri. A.B. Dhongade, learned Counsel for the applicant and Shri. S.V. Kulkarni, learned Counsel for respondent No.1. 2. Respondent No. 1 in the appeal - original claimant has filed this Civil Application for withdrawal of the amount of Rs.2,00,000/- deposited by respondent No. 1 in the application - original appellant. 3. Respondent No. 1 - original appellant has filed appeal challenging the judgment and award dated 12-03-2009 passed by the learned M.A.C.T. 2 Aurangabad in M.A.C.P. No. 274/2006. By the impugned judgment and award, the Tribunal held that the applicant herein is entitled to get Rs.3,88,924/- (inclusive of the amount if any paid under no fault liability), from respondents herein together with interest @ 9% p.a. from the date of filing of petition till its realisation. The tribunal permitted the applicant herein to withdraw Rs.2,00,000/- and rest of the amount, was to be invested in Fixed Deposit in the name of applicant, in any Nationalised Bank for the period of three years. 4. Respondent No. 1 herein had deposited Rs. 25,000/- as statutory deposit in this Court on 28-07-2009. Pursuant to the order passed by this Court in C.A. No. 7577/2009, the applicant has deposited Rs.4,40,829/- in this Court on 29-09-2009. 5. Shri. A.B. Dhongade, learned Counsel for the applicant submits that the applicant is working as a Police Constable and if he is permitted to withdraw Rs.2,00,000/-, he is ready to furnish solvent security for Rs. 1,00,000/- and for remaining amount of Rs.1,00,000/-, he is ready to give 3 undertaking to this Court. 6. Upon hearing learned Counsel for the parties, the applicant is permitted to withdraw Rs.1,00,000/- on furnishing solvent security to the satisfaction of the Registrar (Judl.) of this Court. Insofar as the remaining amount of Rs. 1,00,000/- is concerned, on furnishing undertaking by the applicant to the effect that in the event, respondent No. 1 herein succeeds in appeal, he will refund the amount together with interest if any, as awarded by the Court. Undertaking to be furnished within four weeks from today. The balance amount shall be invested in Fixed Deposit in any nationalised bank initially for a period of one year. F.D.R. shall be renewed from time to time during the pendency of the appeal. 7. With the aforesaid, Civil Application is disposed of. ( R.G. KETKAR, J. ) sut/DEC09/ca10847.09