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 CIVIL CIVIL CIVIL APPLICATION NO.3482 OF 2006. APPLICATION NO.3482 OF 2006. APPLICATION NO.3482 OF 2006. IN IN IN FIRST FIRST FIRST APPEAL NO.165 OF 2008. APPEAL NO.165 OF 2008. APPEAL NO.165 OF 2008. M.S.R.T.C ... Applicant. Versus. Nivrutti Gokul Borse ... Respondent. Shri C.M.Lokesh for the Applicant. Ms P.R.Gupta i/by Shri B.H.Bhalwal for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 04th February, 2008. : 04th February, 2008. : 04th February, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the respondent waives service. Taken up for hearing forthwith. A sum of Rs.08,79,752/- has been deposited by the applicant with the Tribunal in terms of the award made by the Tribunal. The respondent has been permitted to withdraw a sum of Rs.25,000/- without security. It is stated that the said amount has not been withdrawn. 2. Considering the claim of the respondent and the findings recorded in the impugned judgment, Civil Application is disposed of by passing following order: (i) A sum of Rs.25,000/- deposited by the applicant in this Court shall be transferred to the concerned Tribunal. : 2 : 2 : 2 : (ii) Out of the amount deposited by the applicant, the Tribunal will invest the sum of Rs.04,50,000/- in fixed deposit with any nationalised bank and the fixed deposit shall be renewed from time to time till the disposal of the appeal. The respondent will be entitled to withdraw 50% of the interest accrued on the fixed deposit. (iii) After investing the amount as aforesaid, the Tribunal will permit the respondent to withdraw the balance amount without security. However, withdrawal of the said amount will be subject to final outcome of the appeal. (iv) There will be no orders as to costs. Judge. Judge. Judge.