1 CA 2851/2010 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2851 OF 2010 IN FIRST APPEAL NO. 1024 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.G. Thorat for the applicant. CORAM : D.G. KARNIK, J. DATE : 8TH FEBRUARY 2011 P.C. : 1. Heard learned counsel for the applicant. Counsel for respondent no.6 is absent. None appears for respondent nos.1 to 5 and 7 though served. 2. This is an application for stay of the execution of the award passed by the Motor Accident Claims Tribunal. The applicant has deposited 50% of the amount awarded by the 2 CA 2851/2010 Tribunal. In my view, since this is a money award, the stay can be granted only on deposit of the entire amount of the award with permission to the original claimants to withdraw 50% of the total amount of the award. Hence, I pass the following order: (i) The execution of the award passed by the Tribunal is stayed subject to the condition that the applicant deposits the remaining 50% of the amount in the Tribunal within 12 weeks. (ii) If the applicant fails to deposit the 50% of the amount in the Tribunal within 12 weeks, the stay shall stand vacated. (iii) The original claimants, who are entitled to the amount of the award, are permitted to withdraw the amount of Rs.4,15,000/-, i.e. about 50% of the amount of the award, in the same proportion to which they have been held entitled to subject to their filing of an 3 CA 2851/2010 undertaking in the Tribunal for repayment in the event the appeal succeeds and/or so ordered by this Court. (iv) The civil application is disposed of. (D.G. KARNIK, J.)