: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2744 OF 2009 IN FIRST APPEAL NO.57 OF 1999 The New India Assurance Co. ..Applicant V/s. Balkrishna Shantaram Dhume since deceased thru his LRs & Ors. ..Respondents ..... Mr. M.G. Barve for the applicants Mr. Datta Pawar i/by A.S. Khandeparkar for respondent Nos.1(A) and 1 and 2. ..... CORAM : R.Y. GANOO, J. DATE : 18TH JULY, 2009. P.C. : 1. This application is filed for correction of the order dated 2 nd March, 2005 by which the appellant was permitted to withdraw the amount. Perused the said order. By the said order, the appellant is permitted to withdraw the amount from the trial Court. It is in fact seen that the amount is deposited in this Court : 2 : (High Court). Learned advocate Mr. Barve submitted that order dated 2 nd March, 2005 be modified so as to say that the amount deposited in this Court should be allowed to be withdrawn by the present appellant. 2. In my view, the request is proper. Hence, the order. ORDER . Order dated 2 nd March, 2005 passed in first appeal No.57 of 1999 is modified and it is hereby ordered that appellant is permitted to withdraw the amount which was deposited by the appellant in this Court at the time of admission of the appeal. If the amount is already invested, office to redeem the fixed deposit and pay to the appellant the principal amount deposited and the interest accrued thereon without any guarantee or security. The application is disposed of in the above terms with no order as to costs. (R.Y. Ganoo, J.)