1 15-caf.2900.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2900 OF 2010 IN FIRST APPEAL NO. 1308 OF 2008 Smt. Huma Aftab Bootwala and anr. ... Applicants Vs. United India Insurance Company Ltd. and anr. ... Respondents ------ Mr. Yogesh Pendse with mr. Sameer Mangaonkar for the Applicants. Mr. Ranjan Tripathi i/b Mr.S.M.Vidyarthi for Respondent No.1. ------ CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 11 th August, 2010. P.C. 1 Heard the learned counsel for the parties. 2 By this application, it is prayed that the Applicants be allowed to withdraw the amount of Rs.17,57,829/- deposited by the Insurance Company in the trial Court unconditionally. Considering the ground urged in the appeal, which has already been admitted, it is not possible to accede to the request of the Applicants to allow them to withdraw the entire amount unconditionally. As a matter of fact, if the appeal succeeds 2 15-caf.2900.10 on the principal question of jurisdiction of the Mumbai Tribunal, the claim filed before the Mumbai Court would stand dismissed. We are conscious of the fact that in the companion application, we have allowed the Applicants to withdraw the amount on furnishing solvent security only, but that is because the amount involved in the companion application was only around Rs.79 thousand. In the present case, the amount in question is around of Rs.17.50 lacs. In the circumstances, in our opinion, in the interest of justice, the Applicants can be allowed to withdraw the amount on furnishing bank guarantee of a nationalized bank for the commensurate amount. The learned counsel appearing for the Applicants on instructions states that the Applicants are willing to abide by that condition. 3 In the circumstances, application is allowed on the following terms. I. The Applicants shall furnish bank guarantee of a nationalized bank to the satisfaction of the trial Court for the commensurate amount to be withdrawn by the Applicants. That bank guarantee shall be of nationalized bank and should be kept alive till the disposal of the appeal. II. The Applicants shall file undertaking in this Court 3 15-caf.2900.10 within four weeks from today to the effect that if the Court so directs, the Applicants shall bring back the entire or portion of the amount alongwith interest thereon, if any, at appropriate stage. III. On complying with the above two conditions within four weeks, the Applicants are permitted to withdraw the amount in question. Failing which the amount be invested in Fixed Deposit scheme in a Nationalized Bank to be kept alive during the pendency of the Appeal. 4 Application disposed of on the above terms. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]