-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6640 OF 2007 APPLICATION NO.6640 OF 2007 APPLICATION NO.6640 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2352 OF 2007 APPEAL NO.2352 OF 2007 APPEAL NO.2352 OF 2007 Suraj Deshmukh and others ...Applicants vs. The Regional Manager, New India Assurance Co.Ltd. ...Respondent Mr.V.S.Talkute for the Applicant No.1 Ms Poonam Mittal for the Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JANUARY 8,2008. : JANUARY 8,2008. : JANUARY 8,2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant No.1 and the Advocate for the first Respondent. Entire amount due and payable under the order impugned in the First Appeal has been deposited by the first Respondent. The Appeal has been admitted for final hearing. Considering the controversy involved, Civil Application is disposed of by passing the following order : i) The applicant-original claimant is permitted to withdraw a sum of Rs.1,00,000/- without any security and further amount of Rs.3,00,000/- on furnishing adequate security to the satisfaction of the learned Commissioner. ii) Rest of the amount shall be invested in any nationalised bank in fixed deposit and the fixed deposit shall be renewed from to time till the final disposal of the appeal. iii) Application is disposed of. There will be no order as to costs. -2- JUDGE JUDGE JUDGE