1 CA No. 124 of 2011 hvn IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY CIVIL APPELALTE JURISDICTION CIVIL APPLICATION NO. 124 OF 2011 IN FIRST APPEAL NO. 1467 OF 2010 Prashant Prabhakar Vishwasrao and Ors. ... Applicants Versus Maharashtra State Road Transport Corporation and Ors. ... Respondents Ms. Swati Sawant i/by Ms. Leena Sawant for the appellant. Mr. C.M. Lokesh i/by M/s. G.S. Hegde & Associates for respondent no. 1. CORAM : SMT.R.P. SONDURBALDOTA, J. DATED : APRIL 05, 2011 This is an application by the claimants for withdrawal of the amount deposited by the respondents/original appellant in the trial court. The amount of Rs.4,64,803/- has been deposited by the respondent pursuant to the order dated 21st April, 2010. The application for withdrawal is opposed on the ground that the respondent/original appellant has good case to succeed in the appeal. Mr. Lokesh, the learned counsel for the respondent submits that the respondent is held responsible only to the extent of 20% and has deposited 20% of the amount of compensation awarded. The owner of 2 CA No. 124 of 2011 the other vehicle who has to pay 80% of the compensation has not challenged the decree and award and the applicants have filed execution proceedings against the owner of the other vehicle which application is pending. The applicants are the husband and minor children of the deceased woman. Considering the facts of the case, in my opinion, the interest of justice will be served if the applicants are allowed to withdraw 50% of the amount deposited by the respondent/appellant in the court on giving undertaking to the court that the amount would be brought back in the event, the appellant succeeds in the appeal. Civil Application is disposed off accordingly. The balance amount be invested in fixed deposit initially for the period of five years. (SMT. R.P. SONDURBALDOTA,J.)