1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.[CAF] 2323/2009 & 3228/2009 IN FIRST APPEAL NO.246 OF 2010 The General Manager Central Railway ..vs.. Ramesh Ramchandra Amrute - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Alok Upasani, advocate for appellant Shri M.P.Gulhane, advocate for respondent no.1 Shri A.M.Deshpande, advocate for respondent no.2 & 3 CORAM : SMT. VASANTI A. NAIK, J. DATE : May 06, 2010 . Heard the learned counsel for the parties. This court had by an order dated 19.3.2010 admitted the appeal and had directed the appellant to deposit 75% of the decretal amount in this court. The learned counsel for the appellant states that the appellant has deposited an amount of Rs.5,20,017/- in this court. The learned counsel for the respondent / claimant states that the appellant ought to have deposited Rs.5,59,920/- and hence there is a deficit of Rs.39,000/- in deposit of 75% of the amount. The issue whether the appellant has deposited lesser amount would be considered at the stage of final hearing of the first appeal. Since the appellant has deposited an amount of Rs.5,20,017/- in this court, the stay granted by this court to continue during the pendency of the first appeal. In the facts and circumstances of the case the respondent no.1 / claimant is permitted to withdraw the amount of Rs.3,50,000/- on furnishing solvent surety / security to the satisfaction of the Registrar. The balance amount may be placed in a fixed deposit in a nationalized 2 bank, initially for a period of 3 years and the same should be renewed from time to time during the pendency of the first appeal. Both the civil applications are disposed of in the aforesaid terms. JUDGE smp