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.1531 OF 2006 CIVIL APPLICATION NO.1531 OF 2006 CIVIL APPLICATION NO.1531 OF 2006 IN IN IN FIRST APPEAL NO.665 OF 2006 FIRST APPEAL NO.665 OF 2006 FIRST APPEAL NO.665 OF 2006 The New India Assurance Co. Ltd. ...Appellant The New India Assurance Co. Ltd. ...Appellant The New India Assurance Co. Ltd. ...Appellant Vs. Vs. Vs. Smt.Anjali Mohan Mandave & Ors. ...Respondents Smt.Anjali Mohan Mandave & Ors. ...Respondents Smt.Anjali Mohan Mandave & Ors. ...Respondents ----- ----- ----- Mrs.R. Bhargavan for Appellant Mrs.R. Bhargavan for Appellant Mrs.R. Bhargavan for Appellant Mr.M.B. Kotak for Respondents Mr.M.B. Kotak for Respondents Mr.M.B. Kotak for Respondents CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & CORAM: R.M.S.KHANDEPARKAR & SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. SMT.ROSHAN DALVI, JJ. DATED: 28TH MARCH, 2006 DATED: 28TH MARCH, 2006 DATED: 28TH MARCH, 2006 P.C. P.C. P.C. 1. Heard the Advocate for the Applicant and the 1. Heard the Advocate for the Applicant and the 1. Heard the Advocate for the Applicant and the Advocate for the Respondents. The execution of Advocate for the Respondents. The execution of Advocate for the Respondents. The execution of impugned order is stayed subject to the Appellant impugned order is stayed subject to the Appellant impugned order is stayed subject to the Appellant depositing entire decreetal amount in this Court depositing entire decreetal amount in this Court depositing entire decreetal amount in this Court within the period of 6 weeks from today. within the period of 6 weeks from today. within the period of 6 weeks from today. 2. On deposit of the said amount, in case the 2. On deposit of the said amount, in case the 2. On deposit of the said amount, in case the Respondents do not file any application requesting for Respondents do not file any application requesting for Respondents do not file any application requesting for withdrawal of the said amount within a period of 4 withdrawal of the said amount within a period of 4 withdrawal of the said amount within a period of 4 weeks from the date of the deposit, the same shall be weeks from the date of the deposit, the same shall be weeks from the date of the deposit, the same shall be invested in any nationalised bank and shall be kept so invested in any nationalised bank and shall be kept so invested in any nationalised bank and shall be kept so invested for a period of 2 months after the disposal invested for a period of 2 months after the disposal invested for a period of 2 months after the disposal of the appeal. of the appeal. of the appeal. 3. In case the application is filed by the 3. In case the application is filed by the 3. In case the application is filed by the Respondents for withdrawal of the said amount within 4 Respondents for withdrawal of the said amount within 4 Respondents for withdrawal of the said amount within 4 2 weeks from the date of deposit of the said amount, the weeks from the date of deposit of the said amount, the weeks from the date of deposit of the said amount, the same shall be kept for hearing and disposal in which same shall be kept for hearing and disposal in which same shall be kept for hearing and disposal in which case the amount shall not be deposited in the case the amount shall not be deposited in the case the amount shall not be deposited in the nationalised Bank till 4 weeks from the date of nationalised Bank till 4 weeks from the date of nationalised Bank till 4 weeks from the date of deposit of the said amount and shall be retained by deposit of the said amount and shall be retained by deposit of the said amount and shall be retained by the Registry. the Registry. the Registry. 4. The Appellant shall intimate under registered 4. The Appellant shall intimate under registered 4. The Appellant shall intimate under registered post to the Respondents, the date of the deposit of post to the Respondents, the date of the deposit of post to the Respondents, the date of the deposit of the amount immediately after the deposit thereof. the amount immediately after the deposit thereof. the amount immediately after the deposit thereof. 5. The application is disposed of accordingly. 5. The application is disposed of accordingly. 5. The application is disposed of accordingly. (R.M.S.KHANDEPARKAR,J.) (R.M.S.KHANDEPARKAR,J.) (R.M.S.KHANDEPARKAR,J.) (SMT.ROSHAN DALVI, J.) (SMT.ROSHAN DALVI, J.) (SMT.ROSHAN DALVI, J.)