175611 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1756 OF 2011 IN FIRST APPEAL NO. 61 OF 2011 Mahesh M. Kakkad ...Applicant V/s. National Insurance Co. Ltd. & Anr. ...Respondents Mr. A.M. Gokhale i/by Mr. M.B. Kotak for the Applicant CORAM: A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATE: 5TH MAY, 2011 P.C.:- Three reliefs are claimed in this application: The first relief is to club the present appeal filed by the applicant along with First Appeal (St). No. 6130 of 2011 filed by the Insurance Company. We have no difficulty in acceding to this request. The office is directed to tag First Appeal No. 61 of 2011 with First Appeal (St.) No. 6130 of 2011. 2. We are conscious of the fact that the latter appeal pertains to Single Judge Jurisdiction. However, in the interest of justice, both the appeals should be heard together by Division Bench. First Appeal No. 175611 61 of 2011 will have to proceed before Division Bench. Office is directed to place both the appeals together. 3. So far as the second relief is concerned, it is to vacate the order dated 16th March, 2011 passed by the learned Single Judge in Civil Application No. 810 of 2011. The said application was filed in First Appeal (St.) No. 6130 of 2011 filed by the Insurance Company. In the circumstances, the request for vacating that order cannot be entertained in the application filed in First Appeal No. 61 of 2011. If the applicant so desires, he is free to take out fresh application for the same relief to be filed in First Appeal (St.) No. 6130 of 2011. That will be considered on its own merits. 4. The third relief is incidental to the second relief. In view of the stay granted by the learned Single Judge, the third relief claimed by the applicant to withdraw the decretal amount deposited by the Insurance Company cannot be granted. This relief will have to be considered only after the interim stay granted by the learned Single Judge is vacated. 5. This application is disposed of accordingly. MRS. MRIDULA BHATKAR, J. A.M. KHANWILKAR, J.