1 caf3828.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3828 OF 2003 IN FIRST APPEAL NO.1570 OF 2003 Maharashtra State Electricity Board, Divisional Office, Wai, Taluka Wai, District Satara ...Applicant vs. Sanjay Pralhad Ghorapade Vishnu Kisan More ...Respondents Ms A.R.S.Baxi for the applicant Mr.P.M.Jadhav i/b Mr.V.Y.Jadhav for the respondent no.1 Ms Aswini R. Singh i/b Mr.D.R.Shah for respondent no.2 CORAM :A.S.OKA,J. DATE : NOVEMBER 24,2010 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the first respondent. A compliance has been made with the ad-interim order dated 18th November 2003 by depositing 50% of the decretal amount with the tribunal. Hence, ad-interim stay deserves to be confirmed. 2 The challenge in the appeal is to the Award made in a claim petition under section 166 of the Motor Vehicles Act,1988 filed by the first respondent. 50% of the decretal amount has been deposited by the applicant as a condition for grant of ad-interim stay. Considering the facts of the case, the first respondent will have to be permitted to withdraw the said amount subject to filing an undertaking with the Tribunal to re-deposit the amount with appropriate rate of interest in the event the applicant succeeds in the appeal. 2 caf3828.sxw 3 Hence, the application is disposed of by passing the following order : i) Rule is made absolute in terms of ad-interim order dated 18th November 2003. ii)The first respondent-claimant is permitted to withdraw the amount deposited by the applicant subject to filing an undertaking with the Tribunal to re-deposit the said amount with appropriate rate of interest in the event the applicant succeeds in the appeal. Moreover, the withdrawal of the amount will be subject to final outcome of the appeal. iii)In view of this order, it is obvious that the first respondent will not be entitled to press the application for withdrawal of the compensation amount. JUDGE