AGK IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3395 OF 2007. APPLICATION NO.3395 OF 2007. APPLICATION NO.3395 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.1996 OF 2007. APPEAL NO.1996 OF 2007. APPEAL NO.1996 OF 2007. Shri Shabbir Ibrahim Bohari ...Applicant Versus. Smt Sulabai @ Laxmibai Vishnu Pawar and others ...Respondents Shri Dnyaneshwar Deshmukh for the Applicant. Shri Vilas B. Tapkir for the Respondent Nos.1 to 4. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 25th MARCH, 2008. : 25th MARCH, 2008. : 25th MARCH, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the respondent Nos.1 to 4 waives service. Taken up for hearing. 2. The advocate for the applicant states that he has deposited a sum of Rs.25,000/- in this Court in compliance with requirement of section 173 of the Motor Vehicles Act, 1988. He states that he has deposited further amount of Rs.74,500/- in this Court on the basis of ad-interim order passed by this Court. 3. Considering the facts and circumstances of the case, as a condition for grant of interim stay, the applicant will have to deposit a further amount of Rs.75,000/-. 4. Hence, application is disposed of by passing the : 2 : 2 : 2 : following order: (i) A sum of Rs.25,000/- as well as Rs.74,500/- deposited by the applicant in this Court together with interest accrued, if any, shall be transferred to the concerned Tribunal. (ii) There will be interim relief in terms of prayer clause (a) subect to condition of the applicant depositing further amount of Rs.75,000/- with the Tribunal within a period of 12 weeks from today. (iii) If the said amount is not deposited within the stiplated time, interim relief will stand vacated without further reference to the Court. (iv) The Tribunal will permit the first claimant (first respondent herein) to withdraw the aforesaid total amount of Rs.99,500/- together with interest accrued thereon, if any, subject to filing an undertaking before the Tribunal to re-deposit the said amount with appropriate rate of interest in the event the applicant succeeds in the appeal. (v) The first respondent will be also entitled to withdraw the sum of Rs.75,000/- which may be deposited by the applicant in terms of this order subject to the applicant furnishing adequate security to the satisfaction of the Tribunal. (vi) Civil Application is disposed of. Judge. Judge. Judge.