:1: 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.3003 OF 2008 CIVIL APPLICATION NO.3003 OF 2008 CIVIL APPLICATION NO.3003 OF 2008 IN IN IN FIRST APPEAL NO.1196 OF 2008 FIRST APPEAL NO.1196 OF 2008 FIRST APPEAL NO.1196 OF 2008 Shri Balaji Road Lines (Regd) ...Applicant. v. National Insurance Company Ltd. & Anr. ...Respondents. Mr.U.L.Shah , adv. for the Applicant. Mr.S.K.Shetty i/by Shetty & Associates , adv. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 25th August, 2008. DATE: 25th August, 2008. DATE: 25th August, 2008. P.C. P.C. P.C. 1. Heard. 2. First Appeal is admitted. 3. The applicant/defendant is carrier of goods, which contained certain cables. It appears that goods did not reach the destination and almost three years after that notice was issued to the defendant by the plaintiffs/respondents. The trial Court passed the decree directing the defendant/applicant to pay an amount of Rs.5,92,241/- with interest at the rate of 6% p.a. The learned counsel for the defendant/applicant makes a statement that the F.I.R. about the loss and theft of the goods was lodged by the defendant and the goods were even recovered by the police from the driver :2: of the truck and the goods are lying at the police station. He contends that plaintiffs have made an application before the learned Magistrate for return of the goods but that application was never persuaded properly. 4. Taking into consideration the above circumstances, interim relief in terms of prayer clause (a) subject to the appellant depositing 50% of the decretal amount with the trial Court within six weeks from this day. The trial Court shall invest the said amount in fixed deposit with a nationalised bank initially for a period of two years and the F.D.R. may be renewed from time to time as per the requirement thereafter. The said deposit shall be subject to the result of the present appeal. The respondents/plaintiffs shall be at liberty to move the learned Magistrate for return of the goods to which the defendant/applicant has already given no objection. 5. Application stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)