: 1 : 4488-11-caf=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4488 OF 2011 IN CIVIL APPLICATION NO. 1968 OF 2011 WITH CIVIL APPLICATION NO. 1969 OF 2011 IN FIRST APPEAL NO. 12849 OF 2011 The Oriental Insurance Co. Ltd. .. Applicant v/s. Sudam Ramchandra Waidande & Ors. .. Respondents ......... Mr. D.R. Mahadik for the applicant Mr. P.J. Thorat for respondent nos. 1 and 2. ......... CORAM : A.V. NIRGUDE, J DATE : 11th NOVEMBER,2011. P.C. : . Heard. Mr. Thorat appearing for respondent nos.1 and 2. waives notice of this application. For the reasons mentioned in the application, Civil Applications No.1968 of 2011 is allowed and 1969 of 2011 stands restored. : 2 : 4488-11-caf=.sxw Civil Application No. 1968 of 2011 . Heard. For the reasons mentioned in the application, delay of 41 days caused in filing of First Appeal is condoned. Appeal be registered and be fixed for admission. Civil Application No. 1969 of 2011 . Heard. There shall be a stay only to the extent of 50% of the amount of award. The entire award amount is deposited in the trial Court and the respondents are entitled to take away 50% of the amount and shall share the same in the proportion as directed by the lower Court. The remaining amount shall be invested in fixed deposit in a nationalized bank until further order. (A.V. NIRGUDE, J.)