: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.265 OF 2008 CIVIL APPLICATION NO.265 OF 2008 CIVIL APPLICATION NO.265 OF 2008 IN IN IN FIRST APPEAL NO.2616 OF 2007 FIRST APPEAL NO.2616 OF 2007 FIRST APPEAL NO.2616 OF 2007 Sanmukhbhai Dahyabhai Patel ...Applicant V/s. Balu Sudam Jagtap ...Respondent Mr.Rahul S. Kate, Advocate, for the Applicant. Mr.R.N. Sanghavi, Advocate, for the Respondent. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 24TH JANUARY, 2008. DATE : 24TH JANUARY, 2008. DATE : 24TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. The challenge in the Appeal is to a judgment and award made in a Claim Petition under Section 166 of the Motor Vehicles Act, 1988. 2. Considering the nature of findings in the impugned Judgment, the applicant will have to deposit the entire amount due and payable under the impugned award. As of today the applicant has deposited a sum of Rs.12,000/- with the Tribunal and a sum of Rs.25,000/- in this Court in compliance with Section 173 of the said Act of 1988. : 2 : 3. However, sufficient time deserves to be granted to deposit the balance amount. Hence, I pass following order:- "O R D E R" "O R D E R" "O R D E R" (a). A sum of Rs.25,000/- deposited by the applicant in this Court shall be transferred to the concerned Tribunal. (b). There will be interim stay in terms of prayer clause (b) subject to applicant depositing the entire balance amount due and payable as of today as per the impugned judgment and award with the concerned Tribunal on or before 17th April, 2008. If the amount is not deposited, interim stay will stand vacated without further reference to the Court. (c). The Tribunal will permit the respondent-claimant to withdraw the said sum of Rs.37,000/- subject to giving an undertaking to redeposit the said amount with appropriate rate of interest in case the : 3 : applicant succeeds in the Appeal. (d). As and when the applicant deposits the balance amount, it will be open for the respondent to make an application to this Court seeking permission to withdraw the balance amount. Appropriate order will be passed on the said application after hearing the applicant. (e). There will be no order as to costs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]