0403caf454.10.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 454/2010 IN FIRST APPEAL NO. 23 OF 2005 (New India Assurance Co. Ltd. Vs. Smt. Shardaben Balwantbhai Bhayani 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. A. J. Pophaly, Advocate for the appellant. Mr. M. D. Samel, Adv. for respondent No.1/applicant. Mr. S. C. Mehadia, Advocate for respondent No. 5. C ORAM : F. M. REIS, J. DATED : 4th March, 2010. Heard. This is an application filed by respondent No. 1 to withdraw the amount deposited by the appellant in view of the stay granted by this Court by order dated 27/4/2005. It is the contention of the learned Counsel for the respondent that the amount is required to meet the medical expenses and for daily expenses of the said respondent considering her old age. In the facts and circumstances of the case, the respondent No. 1 is permitted to withdraw 50% of the amount deposited along with accrued interest, if any, up to date subject to respondent No.1’s furnishing an undertaking to this Court that in case of any adverse order against the respondent No. 1 in the above appeal, the amount withdrawn shall be returned. The remaining amount shall be continued to be invested in the Nationalised Bank, until the disposal of the appeal. The application is disposed of accordingly. JUDGE wwl