-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO.4587 OF 2006 IN FIRST APPEAL ST.NO.24726 OF 2006 United India Insurance Co.Ltd. ..Applicant Vs. Mr.S.Bhargavan Pillai & Anr. ..Respondents Mr.S.G.Deshpande, Advocate for applicant Mr.K.K.Tated Advocate for respondents CORAM: SMT.RANJANA DESAI & CORAM: SMT.RANJANA DESAI & CORAM: SMT.RANJANA DESAI & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : OCTOBER 16, 2006 DATE : OCTOBER 16, 2006 DATE : OCTOBER 16, 2006 P.C. P.C. P.C. 1. We have heard the learned counsel for the parties. The learned counsel for the applicant states that the entire decretal amount is deposited in the trial Court. In the circumstances of the case, in our opinion, the following order will meet the ends of justice: a) Since the applicant has deposited the entire decretal amount in the trial Court, the effect, operation and execution of the Award passed by the Motor Accident Claims Tribunal in Application No.2773 of 1994 dated 14th February, 2006, shall stand stayed during the pendency of this First Appeal. -2- b) Out of the amount deposited in the trial Court, an amount of Rs.5,00,000/- (Rs. five lakhs only) can be withdrawn by the 1st respondent without furnishing surety and further an amount of Rs.5,00,000/- (Rs. five lakhs only) can be withdrawn by the 1st respondent after furnishing Bank Guarantee to the satisfaction of the trial Court. c) Rest of the amount, be invested by the trial Court in a nationalised bank in fixed deposit on usual terms. d) The amount withdrawn by the 1st respondent and the amount deposited in fixed deposit, will abide by the final orders that may be passed by this Court in the First Appeal. e) Trial Court shall act on the authenticated copy of this order. 2. Civil application is disposed of. [ SMT.RANJANA DESAI, J.] -3- [SMT.V.K.TAHILRAMANI,J.]