1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4086 of 2008 IN FIRST APPEAL NO. 719 of 2010 WITH CIVIL APPLICATION NO. 2241 of 2010 IN FIRST APPEAL NO. 719 OF 2010 National Insurance Co. Ltd. ....Appellant Vs. Smt. Leena Neeraj Phaterpekar & ors. ....Respondents Mr. Sanjay Krishnan i/b. Ms. Harshad Rane, advocate for the appellant. Mr. A.M. Gokhale i/b. Mr. M.B. Kotak, advocate for respondents 1 & 2. CORAM:- A.M.KHANWILKAR AND A.A..SAYED, JJ DATED:- JULY 07, 2010 P.C. Civil Application No. 4086/2008 is filed by the Insurance Company for stay of the operation of the impugned Judgment and decree. According to the Appellant entire decretal amount has been deposited in the trial Court. The Appellants have deposited amount of Rs. 14,57,436/- in the trial Court. 2 2. The Respondent, however, submits that the deposit so made is not the entire decretal amount. It is not necessary for us to go into this question at this stage. The fact remains that the Appellants have deposited substantial decretal amount in the trial Court. That is good enough to consider the Application preferred by the Appellant for stay of operation of the impugned Judgment and decree. In our opinion, as appeal is admitted, in the interest of justice, operation of impugned Judgment and decree will have to be kept in abeyance during the pendency of the appeal. 3. The next question is whether the Respondents/claimants should be permitted to withdraw the amount already deposited by the Insurance company. After considering the arguments, we have no hesitation in taking the view that even if the appeal preferred by the Insurance company were to succeed, the claimants or persons claiming through the claimants would be entitled to amount of atleast upto Rs. 9 lakhs. In the circumstances, we allow the claimants or persons claiming through the claimants to withdraw sum of Rs. 9 lakhs without furnishing any security and the balance amount of Rs. 5,57,436/- alongwith interest accrued thereon be withdrawn by the claimants on furnishing commensurate solvent security to the satisfaction of the trial Court. In addition, the claimants shall file undertaking in this Court to the effect that in the 3 event if the Court so directs the claimants or persons claiming through the claimants would bring back the amount as ordered alongwith interest at the appropriate stage. Subject to compliance of above said two conditions, the claimants would be entitled to withdraw the amount on the specified terms. 4. Accordingly, both the Applications are allowed on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)