*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.92/2010 with CIVIL APPLICATION NO.2819/2009 AND FIRST APPEAL NO.803/2010 with CIVIL APPLICATION NO.2821/2009 The New India Assurance Company. ..Appellant -versus- Vaishali Sanjay Joshi and others. ..Respondents ................. Mr.Indrajeet Kulkarni for the Appellant. Mr.Rajesh More for the Respondents No.1, 2 and 4. .................. CORAM : S.C.DHARMADHIKARI, J. Dated : 25th June, 2010. P.C. : 1 In these two appeals on the application for stay an order was made by this Court on 10.08.2009 that the Appellant/Insurer shall deposit the decreetal amount within six weeks from today i.e. 10.08.2009. Ad- interim relief was granted on this condition. This Court in further order dated 21.01.2010 noted that the amount has not been deposited in this Court and therefore, interim order stood vacated and the Respondents were at liberty to execute the decree. 2 Now the appeals are listed for admission before me and Mr.Kulkarni appearing for the Appellants raised several contentions *2* including that there was breach of the terms and conditions of the policy and that, the learned Member has failed to appreciate that the Insurer cannot be held liable if the Court below has noted the argument on their behalf. 3 Mr.Kulkarni invites my attention to the paragraph No.14 of the award rendered by the learned Member. He submits that the concession recorded that reasonable compensation granted is also not supported by any material instead earlier in the same award the learned Member records that the drivers of both vehicles were rash and negligent and there were allegations and counter allegations. Further Mr.Kulkarni invites my attention to the conclusion recorded that the drivers of vehicles did not turn up and enter in the witness box and the entire award has been rendered on the testimony of the PW-1, but in her cross-examination she has admitted that she has not seen the accident. Mr.Kulkarni, therefore, submits that the records and proceedings in these matters be called for. 4 It would have been possible to accept the submissions of Mr.Kulkarni since these are First Appeals. However, the Appellant has failed to abide by the conditions imposed earlier. In such circumstances, the following conditional order will serve the ends of justice:- If the Appellant in these appeals deposits the sum under both Awards together with interest in this Court within a period of four weeks from today and produces the proof of such deposit, the office to call for the record and proceedings in the claim petitions in question. Needless to state that no extension of time will be granted. If no compliance of this order is reported, the appeals to stand dismissed without further reference to this Court. (S.C.DHARMADHIKARI, J)