1 caf6080 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6080 OF 2007 IN FIRST APPEAL NO. 752 OF 2010 National Insurance Co. Ltd. ... ... Applicant. Versus Smt.Champabai Lalaram @ Amratlal Rawal & Ors. ... ... Respondents. -: ALONG WITH :- CIVIL APPLICATION NO. 1806 OF 2010 IN FIRST APPEAL NO. 754 OF 2010 National Insurance Co. Ltd. ... ... Applicant. Versus Somil Pankaj Zaveri & Ors. ... ... Respondents. -: ALONG WITH :- CIVIL APPLICATION NO. 2138 OF 2008 IN FIRST APPEAL NO. 1072 OF 2010 United India Insurance Co. Ltd. ... ... Applicant. Versus Somil Pankaj Zaveri & Ors. ... ... Respondents. -: ALONG WITH :- CIVIL APPLICATION NO. 2178 OF 2008 IN FIRST APPEAL NO. 1071 OF 2010 2 caf6080 United India Insurance Co. Ltd. ... ... Applicant. Versus Smt.Champabai Lalaram @ Amratlal Rawal & Ors. ... ... Respondents. : ALONG WITH :- CIVIL APPLICATION NO. 6082 OF 2007 IN FIRST APPEAL NO. 755 OF 2010 National Insurance Co. Ltd. ... ... Applicant. Versus Somil Pankaj Zaveri & Ors. ... ... Respondents. : ALONG WITH :- FIRST APPEAL NO. 1882 OF 2009 United India Insurance Co. Ltd. ... ... Applicant. Versus Somil Pankaj Zaveri & Ors. ... ... Respondents. Mr. Ranjan Tripathi i/by Mr. S. M. Vidyarthi for the Applicants. Mr. S.S.Deshmukh for Respondent No.1. Mr. A.N.Nesrikar for Respondent No.5. Mr. Amol Gatne for Respondent No.7. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 6TH AUGUST, 2010. P. C. : In all these applications interim relief is prayed of stay of operation of the impugned judgment and decree. It is noticed that the 3 caf6080 applicants/appellants have already deposited the decretal amount in the Court. In the circumstances, the applicants/appellants are entitled for interim relief during the pendency of the appeals. The applications are, therefore, allowed. 2. Learned Counsel appearing for the claimants make oral request that the respondent be permitted to withdraw the amount deposited in the trial Court as has been allowed in the companion first appeals vide order dated 6th July, 2010. Accordingly, we permit the respondents to jointly withdraw upto 50% of the amount deposited by the appellants along with the accrued interest thereof, if any, without security. Remaining 50% of the amount deposited along with the interest thereon, if any, be withdraw on furnishing solvent security for the commensurate amount. In addition, the respondents/claimants shall file undertaking in this Court to the effect that in the event appeal succeeds and the claimants are directed to bring back the amount withdrawn as a whole or any part of such amount along with interest, as may be ordered, shall be deposited by the claimants forthwith. Subject to compliance of the above condition, the trial Court may permit the respondents to withdraw the amount on the above terms. 3. In case, the respondents/claimants fail to withdraw the amount within eight weeks from today, in that case, the trial Court shall invest the said amount in the appropriate fixed deposit scheme, if already not 4 caf6080 invested. 4. All the applications are disposed of, accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)