1 caf3874.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3874 OF 2009 IN FIRST APPEAL ST.NO.2099 OF 2009 The Oriental Insurance Co.Ltd. ...Applicant vs. Dilip Raghunath Bagave & Ors. ...Respondents Mr.Dinesh Gupta for the applicant Mr.A.I.Patel for the respondent Nos.1 and 2 CORAM :A.S.OKA,J. DATE : SEPTEMBER 21, 2010 P.C. 1 Heard Advocate for the applicant and the Advocate for the 1 st and 2 nd respondents. As a condition for grant of stay, the applicants will have to deposit the entire compensation amount. 2 Considering the nature of challenge in the appeal, substantial amount will have to be permitted to be withdrawn to the 1 st and 2 nd respondents. 3 Hence, the application is disposed of by passing the following order: i) There will be interim stay to the execution of the impugned Judgment and Award subject to the applicant depositing entire decretal amount with the tribunal within a period of eight weeks from today. If compliance is not made, interim stay will stand vacated. 2 caf3874.sxw ii) If compliance is made, the tribunal will permit the 1 st and 2 nd respondents to withdraw a sum of Rs. 1,50,000/- without security. Withdrawal of the amount will be subject to final outcome of the appeal. iii) Rest of the amount shall be invested in fixed deposit with any nationalised bank till the final disposal of the appeal. JUDGE