1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2813 OF 2010 IN FIRST APPEAL NO. 835 OF 2004 Chandrakant Chimaji Bhalerao .....Applicant Vs. The Oriental Insurance Company Ltd. .... Respondents Mr. Umesh Mankapure Adv. for the applicant Mr. D.R. Mahadik i/b S.R. Singh Adv. for the respondent no.1. Mr. Atul N.Katkar i/b Dilip Bodke for Respondent no.2. Mr. Lokesh h/f G.S. Hegde & Asso. For respondent nos.3 & 4. CORAM : R.G. KETKAR, J. DATE : 30th July, 2010. P.C. : 1. Heard Mr Mankapure, learned counsel for the applicant, Mr. Mahadik, learned counsel for respondent no.1 insurance company, Mr. Atul Katkar, learned counsel for respondent no.2 and Mr. Loeksh, learned counsel for respondents 3 and 4. 2. Earlier by order dated 17-10-2008 in C.A. No. 1425/08 the applicant herein was permitted to withdraw the amount on furnishing security to the satisfaction of the trial court except bank guarantee. The 2 applicant thereafter took out C.A. No. 4255/09 which was not pressed. The present application is taken out for permission to withdraw the amount deposited by the respondent no.1 in this court subject to furnishing bank guarantee of a nationalized bank. 3. Subject to the applicant furnishing bank guarantee of a nationalized bank in respect of the entire decreetal amount within six weeks from today, the applicant is permitted to withdraw the amount. C.A. is disposed of in the aforesaid terms with no order as to costs. 4. In case the applicant fails to furnish bank guarantee in six weeks from today the amount so deposited by first respondent shall be invested in a fixed deposit of any nationalized bank initially for a period of three years and the same shall be renewed from time to time during the pendency of the First Appeal. [R.G. KETKAR, J.]