1 caf-283-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 283 OF 2011 IN FIRST APPEAL NO. 1205 OF 2010 Mr. Kedar Suresh Shende .. Applicant (Org.Resptd.No.1) Vs. M/s. Bajaj Allianz and ors. .. Respondents (Org.Appellants & Resptds.Nos.2 & 3) Mr. B. P. Jakhade and Mr. J.S. Kapre for applicant. Mr. S.R. Singh for respondent no.1. CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JANUARY 28, 2011. P.C. 1. On 20/12/2010 we had passed the following order in Civil Application No. 3198 of 2010 filed in First Appeal No. 1205 of 2010: “Heard. No case made out to stay the operation of the award in 2 caf-283-11 the facts of this case. If the deposited amount is withdrawn by Respondent No.1, the same shall be invested in fixed deposit with a nationalized bank, initially for a period of three years. Liberty to apply for early hearing of the appeal. Civil Application disposed accordingly.” 2. A motion was taken our for speaking to the minutes, pointing out that the said order required some typographical corrections. We clarified that there was no correction required in the order and the applicant was expected to invest the entire amount to be withdrawn by him, in a fixed deposit with any nationalized bank. 3. The learned counsel for the applicant thereafter invited our attention to the award impugned in the appeal and in the award the Tribunal has directed that, out of the amount payable to the applicant, Rs.50,00,000/- along with interest and costs be deposited in the name of the applicant for a period of three years with the State Bank of India and rest of the amount be paid to the applicant. In view of this direction of the Tribunal, the learned counsel for the applicant filed an application for modification of our order dated 20/12/2010 and along with an undertaking 3 caf-283-11 that from the withdrawn amount, an amount of Rs.50,00,000/- shall be invested by him in fixed deposit with a nationalized bank till the appeal is decided. 4. We, therefore, allow the civil application and modify the order dated 20/12/2010 as under: “Heard. No case made out to stay the operation of the award in the facts of this case. If the deposited amount is withdrawn by Respondent No.1, an amount of Rs.50,00,000/-, along with interest and costs, from the said amount shall be invested in fixed deposit with a nationalized bank till First Appeal No. 1205 of 2010 is finally decided. Liberty to apply for early hearing of the appeal. Civil Application disposed accordingly.” (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 4 caf-283-11