... 1 ... IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.738 OF 2004 CIVIL APPLICATION NO.738 OF 2004 CIVIL APPLICATION NO.738 OF 2004 IN IN IN FIRST APPEAL NO.2107 OF 2006 FIRST APPEAL NO.2107 OF 2006 FIRST APPEAL NO.2107 OF 2006 ........................................................... OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS OR DIRECTIONS ORDERS AND REGISTRAR’S ORDERS ........................................................... Shri A.N.Samant for the Applicant. Shri A.M.Vernekar for the Respondent No.1. Smt Arati Barve for the Respondent No.2. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : JANUARY 09, 2007. DATE : JANUARY 09, 2007. DATE : JANUARY 09, 2007. P.C.: P.C.: P.C.: 1. Heard the Advocates appearing for the parties. The entire amount due and payable as per the impugned Judgment and Order is already deposited. 2. The second Respondent- The New India Assurance Company Limited will have to be permitted to withdraw the amount. However, withdrawal will be subject to final outcome of the Appeal. 3. Hence, Application is disposed of by directing that the second Respondent is permitted to withdraw the amount deposited by the Applicant. The withdrawal will be subject to final outcome of the Appeal. ... 2 ... JUDGE JUDGE JUDGE