1 caf2899 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.2899 OF 2009 IN FIRST APPEAL NO.318 OF 2011 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Ms Urmila Sanil for the Applicant Mr.Makarand Panchakshari for the respondent Nos.1,4 and 5 CORAM: A.S.OKA,J. DATE : SEPTEMBER 23,2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for respondent nos.1,4 and 5. Entire decretal amount has been deposited. 2 Perused the finding recorded by the Tribunal on issue no.4. In view of this finding, only a part of the amount can be permitted to be withdrawn and that also on furnishing security. 3 Hence, application is disposed of by passing the following order : 2 caf2899 i) There will be interim relief in terms of prayer clause (a). ii) Out of the amount deposited with the Tribunal, permission is granted to the first claimant to withdraw a sum of Rs.75,000/- subject to furnishing adequate security to the satisfaction of the Tribunal. Iii) The applicant will be heard before accepting the security. iv)Rest of the amount shall be invested in fixed deposit till the final disposal of the Appeal. v)Stay granted will operate only for the benefit of the applicant. vi)It will be open for the respondent to proceed against the opponent no.2 in the claim petition for recovery of the balance amount. JUDGE