1 CA 4509/2010 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4509 OF 2010 IN FIRST APPEAL NO. 1796 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.M. Pethe for the applicants. Mr. K.M. Hosurkar for respondent nos.1. CORAM : D.G. KARNIK, J. DATE : 1ST MARCH 2011 P.C. : 1. Heard learned counsel for the parties. 2. This is an application for stay to the execution of the award passed by the Motor Accident Claims Tribunal. The award being a money award, the stay is not ordinarily granted unless money of the award is deposited. Hence, I pass the following order: 2 CA 4509/2010 (i) The execution of the award passed by the Tribunal is stayed subject to the applicant depositing the entire amount of the award together with interest and costs in the Tribunal within 4 weeks. On such deposit, the bank guarantee furnished by the applicant shall stand revoked and cancelled and be returned to the applicant. (ii) The respondent no.1 (widow of the deceased) is permitted to withdraw a sum of Rs.2,98,700/- by furnishing a personal bond for repayment in the event so ordered by the Court. (iii) The balance amount shall be invested in any nationalised bank of the choice of the applicant if such choice is exercised within 2 weeks hereof. If such choice is not exercised within 2 weeks, the amount shall be invested by the Tribunal in any nationalised bank offering good rate of interest initially for a period not exceeding 37 months and shall be renewed 3 CA 4509/2010 from time to time for such period till the disposal of the appeal. (iv) The interest earned on the amount invested shall be paid to the respondent nos.2 and 3 through their guardian mother, i.e. respondent no.1, for the maintenance of respondent nos.2 and 3. (v) The civil application is disposed of. (D.G. KARNIK, J.)