1 caf848­11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 848 OF 2011 IN FIRST APPEAL NO. 452 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. S. R. Singh for the applicant. Mr. A. M. Kulkarni for respondent Nos.1 and 2. ..... CORAM : A.S.OKA, J. DATE : AUGUST 23, 2011. P.C.: Heard the learned counsel appearing for the parties. There is serious challenge to the liability of the applicant insurer. Considering the nature of challenge, application is disposed of by passing the following order: :: O R D E R :: i. There will be interim relief in terms of prayer clause (a). 2 caf848­11 ii. The first and second claimants are permitted to withdraw a sum of Rs.75,000/­ each on furnishing adequate security for the said amount to the satisfaction of the Tribunal. iii. Out of the remaining amount, a sum of Rs.3,00,000/­ shall be separately invested in the Fixed Deposit till the final disposal of the Appeal. The first and second claimants shall be permitted to withdraw the quarterly interest accrued on the said Fixed Deposit. iv. The balance amount shall be invested in the separate Fixed Deposit till the final disposal of the Appeal. Interest on the said Fixed Deposit shall not be permitted to withdrawn. (A.S.OKA, J.)