1 CA 3630/09 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3630 OF 2009 IN FIRST APPEAL (ST) NO. 21438 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Rahul Mehta i/b KMC Legal Venture for the applicants. Mr. S.C. Mangle i/b Mr. Harshad Bhadbhade for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 3RD FEBRUARY 2011 P.C. : 1. Heard. 2. This is an application for stay of execution of the award passed by the Motor Accident Claims Tribunal. 3. Counsel for the applicant submits that the applicant has deposited the entire amount of 2 CA 3630/09 the award before the Tribunal. Counsel for respondent no.1 (original claimant) prays for permission to withdraw the amount deposited in the Tribunal. 4. In my view, it would be appropriate at this stage to permit respondent no.1 to withdraw 1/3rd of the amount deposited in the Tribunal. Accordingly, I pass the following order (i) The execution of the award passed by the Tribunal is stayed in view of the fact that the applicant has deposited the entire amount of the award in the Tribunal. The respondent no.1 however is permitted to withdraw 1/3rd of the amount of the award and interest deposited in the Tribunal and the entire costs awarded by the Tribunal, by furnishing a personal bond for repayment if ordered by the Court. (ii) Since this order is passed in the absence 3 CA 3630/09 of the respondent nos.2 and 3, they shall have liberty to apply for modification of the order if they feel aggrieved. (D.G. KARNIK, J.)