1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12917 OF 2009 IN FIRST APPEAL NO. 816 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. S.V. Kulkarni, Advocate for the applicant. Mr. Pradeep Deshmukh, Advocate holding Mr. Sachin Deshmukh, Advocate for the respondents. CORAM : R.G. KETKAR, J. DATE : 14TH DECEMBER, 2009 Heard Shri. S.V. Kulkarni, learned Counsel for the applicant and Shri. Pradeep Deshmukh, learned Counsel for the respondents. 2. This application is filed by the applicant - Insurance Company for withdrawal of the amount of Rs.96,075/- together with interest, if any, accrued thereon. 2 3. The applicant had preferred First Appeal in this Court. The appeal was dismissed by the judgment and order dated 25-08-2009. It is common ground between the learned Counsel appearing for the parties that the respondents - claimants have received the entire decretal amount in execution proceedings. Amount of Rs.96,075/- deposited by the applicant was over and above amount which was payable to the respondents. 4. In view of this, Civil Application is allowed in terms of prayer clause-B, with no order as to costs. The applicant is permitted to withdraw Rs.96,075/- together with interest, if any, accrued thereon. ( R.G. KETKAR, J. ) sut/DEC09/ca12917.09