1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3419 OF 2008 CIVIL APPLICATION NO. 3419 OF 2008 CIVIL APPLICATION NO. 3419 OF 2008 IN FIRST APPEAL NO. 1584 OF 2008 FIRST APPEAL NO. 1584 OF 2008 FIRST APPEAL NO. 1584 OF 2008 The New India Assurance Co.Ltd. ..Appellant Vs. Shri Mangesh Raghunath Raut & Anr. ..Respondents Mrs. Urmila K. Sanil, Advocate, for the appellant. Mr. M.B.Kotak, Advocate, for the respondent No.1. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th August, 2008. DATE: 5th August, 2008. DATE: 5th August, 2008. P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. The Appeal is admitted. 2. The ad-interim relief in terms of prayer clause (a) was granted in view of the statement made by the appellant that entire amount of the compensation has 2 been deposited. However, Mr. Kotak, the learned Counsel for the respondent No.1/claimant makes a statement that the claimant has already withdrawn whole of the compensation amount and, therefore, this Application has become infructuous. In view of the fact that the amount is not only deposited but also already withdrawn by the claimant, this Application does not survive and stands disposed of accordingly. However, the appellant shall be at liberty to move an application to recall that amount or may pray for recovery of that amount in case the appellant succeeds in the Appeal. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)