-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.4537 OF 2002 APPLICATION NO.4537 OF 2002 APPLICATION NO.4537 OF 2002 IN IN IN FIRST FIRST FIRST APPEAL NO.1876 OF 2002 APPEAL NO.1876 OF 2002 APPEAL NO.1876 OF 2002 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.A.R.Patil, A.G.P. for State CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 29,2007. : JANUARY 29,2007. : JANUARY 29,2007. P.C.: P.C.: P.C.: 1. Heard learned A.G.P for the Applicant-State and learned Advocates for Respondent Nos.2 and 5. As per the impugned Judgment and Order, a sum of Rs.2,31,911/- has been deposited by the Applicant with the Tribunal. 2. Considering the findings recorded by the Tribunal and considering the challenge in the First Appeal, Civil Application is disposed of by passing the following order: i) The Respondent No.1 (claimant) will be -2- permitted to withdraw a sum of Rs.1,25,000/- without security subject to furnishing an undertaking before the Tribunal to redeposit the amount with appropriate rate of interest in case the Appellant succeeds in the Appeal. ii) Rest of the amount shall be invested in fixed deposit in any nationalised bank initially for a period of five years and thereafter the fixed deposit shall be renewed on yearly basis till the final disposal of the Appeal. iii) The first Respondent will be entitled to withdraw 50% of the amount of interest accrued on fixed deposit. iii) Civil Application is disposed of in above terms. JUDGE JUDGE JUDGE