IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1930 of 2009. CIVIL APPLICATION NO.1930 of 2009. CIVIL APPLICATION NO.1930 of 2009. IN IN IN FIRST APPEAL NO.390 of 2003. FIRST APPEAL NO.390 of 2003. FIRST APPEAL NO.390 of 2003. Mr.Dawood Hussain Sakarkar ..Applicant versus Oriental Insurance Company ..Respondents Mr.Kandarkar for the applicant-victim. Mr.S.S.Vidhyarthi for the respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th May, 2009. DATED : 4th May, 2009. DATED : 4th May, 2009. P.C. 1. The respondents have deposited the decreetal amount and the applicant wants to withdraw the amount as stated in the application. 2. Heard learned Advocates on both the sides. The applicant can be permitted to withdraw the amount deposited by the respondent by furnishing the security to the satisfaction of the learned trial Court. Hence the Order. ORDER i. The applicant is permitted to withdraw the amount as set out in prayer clause (a), subject to -2- applicant furnishing security to the satisfaction of the trial Court. ii. The concerned trial court will hear the respondent Insurance Company before fixing as to what security shall be furnished by the applicant. iii. There shall be no Order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)