1 15 caf.2899.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2899 OF 2010 IN FIRST APPEAL NO. 1307 OF 2008 Smt. Huma Aftab Bootwala. ... Applicant Vs. United India Insurance Company Ltd. and anr. ... Respondents ------ Mr. Yogesh Pendse with mr. Sameer Mangaonkar for the Applicants. Mr. Ranjan Tripathi i/b Mr.S.M.Vidyarthi for Respondent No.1. ------ CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 11 th August, 2010. P.C. 1 Heard the learned counsel for the parties. 2 By this application, it is prayed that the Applicant be allowed to withdraw the amount of Rs.79,411/- deposited by the Insurance Company before the trial Court unconditionally. The application is opposed on the ground that the appeal ought to succeed because the Mumbai Tribunal had no jurisdiction. Inasmuch as the insurance policy was taken at Calcutta and whereas the insurance claim is lodged before 2 15 caf.2899.10 the tribunal at Mumbai. This is a matter, which will have to be addressed in the main appeal. For the time being, the question is whether the Applicant should be allowed to withdraw the amount with condition or unconditionally. The Applicant is praying for liberty to withdraw the amount unconditionally. Considering the ground urged in the appeal, in our opinion, in the interest of justice, the Applicant to withdraw the amount of Rs.79,411/- only on furnishing commensurate solvent security, which shall be kept alive during the disposal of the appeal. 3 Besides the Applicant shall file undertaking within four weeks from today to the effect that if the Court so directs, the entire amount or portion thereof alongwith interest thereon, if any shall be brought back to the Court at the appropriate stage. 4 On compliance of the above two conditions, the Applicant be permitted to withdraw the amount referred to above. 5 Application disposed of on the above terms. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]