1 caf2643.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2643 OF 2010 IN FIRST APPEAL NO.1422 OF 2008 Smt. Vijaylaxmi Ramanan & Ors. ....Applicants. Vs. United India Insurance Co. Ltd. & ors. ....Respondents. Mr. J.S.Kini i/b. Suresh Dubey for applicants. Mr. Amol B. Gatne for respondents. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JULY 29, 2010 P.C. 1. Heard Counsel for the parties. Considering the assurance given by the applicants that as condition for withdrawing the amount, the applicant shall furnish solvent security of flat owned and occupied by them; subject to such compliance, the Counsel for the Respondent No.1 has no serious objection for allowing the applicants to withdraw the amount deposited in the trial court. Accordingly, this application is allowed in terms of prayer clause (b) on condition that the applicants shall furnish solvent security, as assured by them in 2 caf2643.10 paragraph-6 of the application and that charge would remain on that property with regard to the amount withdrawn including the interest, if any, that may have to be paid by the applicants, as would be ordered by the court at appropriate stage of the proceedings. The security shall remain until disposal of the proceedings. In addition, the applicants shall file affidavit of undertaking in this court to the effect that as and when called upon, they themselves or persons claiming through them shall ensure that the amount withdrawn by them is brought back along with interest, as may be directed by the Court forthwith. 2. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)