1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 67 OF 2009 WITH CIVIL APPLICATION NO.4916 OF 2008 IN FIRST APPEAL NO.67 OF 2009 New India Assurance Co. Ltd. ....Appellant. Vs. Mangal Sahebrao Vyahalikar & ors. ....Respondents Mr.S.M.Vidyarthi for appellant. Mr.P.J.Pawar for Respondent Nos. 1 to 4. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JULY 2, 2010 P.C. 1. Counsel for the Respondent has relied on the decision of the Apex Court in the case of Sarla Verma & ors. v/s. Delhi Transport Corporation & Anr.reported in (2009) 6 SCC 121, as also in the case of U.P.State Road Transport Corporation & ors. v/s. Trilok Chandra and others reported in (1996) 4 SCC 362. In the circumstances, issues raised in this appeal will have to be considered indepth. Hence, admit. 2 2. The requirement of printing of paper-book is dispensed with on condition that the Appellant shall file Additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower Court. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non prosecution without further reference to the Court. As soon as the paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. 3. In so far Civil Application is concerned, since the Appellant has already deposited the entire decreetal amount in the Tribunal, stay of operation of the impugned Judgment and Decree is continued till the disposal of the appeal. 4. The Respondent Nos. 1 to 4 are free to withdraw the amount deposited in the trial Court. The trial Court may permit them to withdraw the amount on condition that they would furnish solvent security of commensurate amount of the deposit and the accrued interest thereon, if any. In addition, they would furnish affidavit of undertaking before this Court to the effect that in the event, Court were to so direct, they would bring back the entire amount withdrawn by them alongwith appropriate interest thereon, if any. 5. The amount deposited in this Court be transferred to the trial Court forthwith, so that the Respondent can avail of the entire amount alongwith the accrued interest thereon, if any. In case the said Respondents fail to comply 3 with the above conditions within four weeks from today, the amount deposited in the trial Court and the amount to be transferred by this Court pertaining to this case to the trial Court in terms of this order, both these amounts shall be deposited in the appropriate fixed deposit scheme until the disposal of the appeal or further orders in that regard. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)