1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4476 OF 2007 IN FIRST APPEAL (STAMP) NO.17428 OF 2007 The New India Assurance Co. Ltd. .... Petitioner/ Appellant V/s Smt. Vijaya Vilas Chavan and Others. .... Respondents. ---- Mr. S.R. Singh for the Petitioner. Mr. S.S. Deshmukh for Respondent Nos. 1,3,4, and 6. ---- CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 15 th January, 2008. P.C.: 1. By consent of the parties, Civil Application is granted in terms of prayer clause (a), subject to the following conditions:- (i) Appellant to deposit the balance of decretal amount in the trial court within a period of 8 weeks from today. (ii) Office shall transfer to the trial Court, the amount which is deposited by the appellant in this Court. 2 (iii) The deposit of the amount shall be made by the appellant with due intimation to the claimants. (iv) On the amount being deposited, the trial court shall permit the claimants who have been held entitled to the amount, withdrawal of either entire or such part of the amount as the claimants may be in a position to give Bank Guarantee of a Nationalised Bank to the satisfaction of the Trial Court. (v) If the amount is not withdrawn or only a part of the amount is withdrawn, the balance amount shall be deposited in the Fixed Deposit of a Nationalised Bank to the credit of this appeal. Withdrawal of the amount shall be permitted within a period of eight weeks. 2. Civil Application is disposed of. (D.K. DESHMUKH, J.) 3 (V.M. KANADE, J.)