SM 1 26.caf.1554.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1554 OF 2011 IN FIRST APPEAL NO. 971 OF 2003 Bhimrao Raghunath Patil and another ....Applicants Versus The New India Assurance Co. Ltd. and anr ....Respondents ____________ Mr. Dilip Bodake i/b M/s. Singhania & Co. for the Applicant. Mr. Santosh Mishra a/w Krupa Shah for the Respondent No. 1. CORAM: A. S. OKA, J. DATED : 23 RD JUNE, 2011. P.C.: Learned Counsel appearing for the 1 st Respondent has tendered the record, a sheet containing calculations. From the calculations, it appears that substantial compliance has been made by the 1 st Respondent with the order passed in First Appeal. The prayer in this application made by the Respondents/original Applicants is for permitting withdrawal of the compensation amount. The said application is opposed by the learned Counsel appearing for the 1 st Respondent. Considering the facts of the case, withdrawal of some amount will have to be permitted as this Appeal of 2003 will remain pending for a long time. Hence, I pass SM 2 26.caf.1554.11 the following order: ORDER (i) The Registrar Judicial­I will permit the 1 st Applicant to withdraw a sum of Rs.45,000/­ without security. The Registrar Judicial­I will permit the 2 nd Applicant to withdraw a sum of Rs.35,000/­ without security. However, the withdrawal will be subject to final outcome of the Appeal. Rest of the amount shall continue remain in fixed deposit. However, 1 st and 2 nd Applicants shall be permitted to withdraw the quarterly interest on the fixed deposit. (ii) Application is disposed of in the above terms. (A. S. OKA, J.)