FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.13933 OF 2010 IN FIRST APPEAL (ST) NO. 864 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.D.Hon, Advocate for applicant. Mr. A.S.Deshpande,Advocate for Respondent No. 1 Mr. Y.V. Kakade, Advocate for respondent No. 2 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. This is an application filed by the original claimants for withdrawal of the amount. The Claim petition filed by the claimants, came to be allowed by the Tribunal. The Insurance Company has filed an appeal. At the time of admitting the appeal and grant stay to the execution of the Award passed by the Tribunal. This Court had directed the Insurance Company to deposit 50% of the amount awarded by the Tribunal. Pursuant to the said order, the Insurance Company has deposited 50% of the amount. 2. Shri Deshpande, learned Counsel for the respondent No. 1 states that it is case of breach of policy and the driver was not holding a valid licence, as such resists the application for withdrawal of the amount. Perusal of the Judgment it shows that Tribunal had come to the conclusion that the driver was holding the licence. Prima facie the Award is in favour of the applicant the Judgment passed by the Tribunal would require re-appreciation, at the time of final hearing of the matter, as prima facie the Award is in favour of the applicant and Insurance Company has deposited 50% of the amount. I pass the following order. ORDER The applicant allow to withdraw 50% of the amount deposited, on submitting an undertaking by applicant No. 1 on behalf of herself and on behalf of minors, in the form of affidavit that in case the appeal is allowed and the applicants are required to deposit the amount, they would deposit the same along with interest that, as directed by this Court within one month. The applicants have also allow the remaining amount on furnishing solvent surety to the sanctification of the Tribunal. [ S.V. GANGAPURWALA ] JUDGE SDM 13394.10CA