1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.11458 OF 2010 IN FIRST APPEAL NO.1315 OF 2006. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 25.10.2010. 1. This is an application for withdrawal of the amount. The Respondent State has deposited an amount of Rs.1,86,000/- (Rupees one lac eighty six thousand) pursuant to the orders passed by this Court. The decree is passed against the present Respondent directing them to jointly and severally pay an amount of Rs.1,50,000/- (Rupees one lac fifty thousand) along with interest at the rate of Rs.6% p.a. from the date of the suit till realisation. As per the decree an amount of Rs.50,000/- (Rupees fifty thousand) was directed to be paid to the plaintiffs and the remaining amount of Rs.1,00,000/- (Rupees one lac) was directed to be deposited in any Nationalised Bank in the name of the son of the deceased. 2. Mr.More, learned Asstt.Govt. Pleader resist the application on the ground that the appellant has got strong case on merits and the appellants are not bound to pay any amount to the plaintiffs. 3. The trial Court on appreciation of evidence has fastened the liability on the present non-applicants. At this stage, as the decree is in favour of the present applicants, prima facie they are entitled to the amount. As per the decree, the applicants are allowed to withdraw only an amount of Rs.50,000/- (Rupees fifty thousand) with interest and the amount of Rs.1,00,000/- (Rupees one lac) is directed to be kept in a Fixed Deposit in the name of minor son of the deceased. In light of the same, there would be no impediment to allow the applicants to withdraw an amount of Rs.60,000/- (Rupees sixty thousand). The rest of the amount be kept in Fixed Deposit in any Nationalised Bank. 4. In the result, the applicants are allowed to withdraw an amount of Rs.60,000/- (Rupees sixty thousand) on furnishing an undertaking in the form of affidavit that in case the appeal is allowed and the applicants are required to deposit the amount, they shall deposit the same within one month. 5. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.25.10.2010. asp/office/Ca11458.10