1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2490 OF 2008 IN FIRST APPEAL NO. 1882 OF 2009 United India Insurance Co. Ltd. ..Applicant Vs. Shri Somil Pankaj Zaveri & ors. ..Respondents. WITH CIVIL APPLICATION NO. 1806 OF 2010 IN FIRST APPEAL NO.754 OF 2010 National Insurance Co. Ltd. ..Applicant. Vs. Somil P. Zaveri & ors. ..Respondents. WITH CIVIL APPLICATION NO.6082 OF 2007 IN FIRST APPEAL NO.755 OF 2010 National Insurance Co. Ltd. ....Applicant. Vs. Somil P. Zaveri & ors. ....Respondents WITH CIVIL APPLICATION NO.2138 OF 2007 IN FIRST APPEAL ST. NO.9334 OF 2008 United India Insurance Co. Ltd. ....Applicant. 2 Vs. Somil P. Zaveri & ors. ....Respondents WITH CIVIL APPLICATION NO.2178 OF 2008 IN FIRST APPEAL ST. NO.9251 OF 2008 United India Insurance Co. Ltd. ....Applicant. Vs. Smt.Champabai Lalaram @ Amratlal Rawal & ors. ....Respondents Mr.Amol B. Gatne for appellant in FA 1882/2009 & FAST 9334/08 & 9251/08. Mr.S.M.Vidhyarthi, for the appellants in FA 754/10 and 755/10 and for Respondent No.6 in FA 1882/09 & FAST 9334/08 & 9251/08. Mr.Shrishailya S. Deshmukh for Respondent Nos. 1 and 2. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JULY 6, 2010 P.C. 1. It is not in dispute that the entire decretal amount has been deposited in the trial Court. In the circumstances, stay of operation of the impugned Judgment and Decree during the pendency of the Appeals shall operate until further orders. 3 2. The Respondents/claimants would be entitled to jointly withdraw upto 50% of the amount deposited by the Appellants alongwith the accrued interest thereon, if any, without security. Remaining 50% of the amount deposited alongwith the interest thereon, if any, be withdrawn on furnishing solvent security for the commensurate amount.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in this Court to the effect that in the event appeal succeeds and the claimants are directed to bring back the amount withdrawn as a whole or any part of such amount alongwith interest, as may be ordered, shall be deposited by the claimants forthwith.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 six weeks from today, in that case, the trial Court shall invest the said amount in the appropriate fixed deposit scheme, if already not invested. 4. Applications disposed off accordingly. (A.A.SAYED, J) (A.M.KHANWILKAR, J)