1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1098 OF 2010 IN FIRST APPEAL NO. 728 OF 2010 Maharashtra State Road Transport Corporation .. Applicant. V/s. Uday Tukaram Chougule & Ors. .. Respondents. Mr. C.M. Lokesh i/by M/s. G.S. Hegde for the Applicant. Mr. M.S. Topkar for the Respondents. CORAM : A.M. KHANWILKAR AND A. A. SAYED , JJ. DATED : 16TH JULY, 2010. P.C. 1 Considering the fact that the appeal is admitted, the applicant- appellant shall deposit the decretal amount in the trial Court within 4 weeks from today, consequent to which, interim relief as prayed for in terms of prayer clause 5 (a) will operate in favour of the appellant during the pendency of the appeal. However, if the appellant fails to pay the decretal amount within 4 weeks from today, interim relief shall stand vacated forthwith without further reference to the Court and the Registry of this Court shall treat the present application having been dismissed for non prosecution. 2 2. The applicant shall produce the receipt regarding deposit of the amount in the Registry of this Court within 4 weeks as aforesaid. 3 It will be open to the respondents to withdraw the entuire amount on condition that they shall provide solvent security to the extent of 50% of the decretal amount. In other words, the respondents are free to withdraw to the extent of 50% decretal amount without any condition. In addition to furnishing solvent security, the respondents shall file undertaking in this Court to the effect that they or any person claiming through them shall bring back the amount alongwith interest, if any, so directed by the Court at the appropriate stage. 4 Only on compliance of above condition respondents will be free to withdraw the decretal amount deposited by the applicant. 5. In the event, respondents fail to withdraw the amount within 4 weeks from today deposited in the trial Court, the trial Court shall immediately invest the said amount in appropriate fixed deposit scheme. 6 Application is disposed of accordingly. (A.A.SAYED,J.) (A.M. KHANWILKAR, J.)