IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2371 OF 2006 APPLICATION NO. 2371 OF 2006 APPLICATION NO. 2371 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO. 1092 OF 2006. APPEAL NO. 1092 OF 2006. APPEAL NO. 1092 OF 2006. Oriental Insurance Co.Ltd. ... Applicant. Versus. Madhukar Anant Bhate & others. ... Respondents. Shri I.R.Kulkarni for the Applicant. Shri A.G.Damle for the Respondents Nos.1 and 2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 24th July, 2006. : 24th July, 2006. : 24th July, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Advocates appearing for the parties. The entire amount due and payable under the impugned order is already ordered to be deposited by this Court. Considering the facts and circumstances of the case, the Civil Application is disposed of by the following order: i) There will be interim relief in terms of prayer clause (a) subject to condition of the Applicant depositing the entire amount due and payable under the impugned Judgment and order with the learned Commissioner of Workmen’s Compensation within three weeks from today. If the amount is not deposited, the interim stay will stand vacated. : 2 : 2 : 2 : ii) If the amount is deposited, the Respondents Nos.1 and 2 will be permitted to withdraw 1/4th of the amount deposited without furnishing any security but subject to the condition of the Respondents Nos.1 and 2 filing an undertaking in writing before the learned Commissioner to bring back the amount with appropriate rate of interest, if the Applicant succeeds in the Appeal. iii) The Respondents Nos.1 and 2 will be entitled to withdraw the balance amount on furnishing adequate security to the satisfaction of the learned Commissioner for Workmen’s Compensation. Before accepting the security the learned Commissioner will hear the Applicant. iv) If the amount is not withdrawn by the Respondents Nos.1 and 2 within a period of six months from the date of deposit, the learned Commissioner will invest the said amount in a fixed deposit in any nationalised bank initially for a period of three years and thereafter the fixed deposit shall be renewed from year to year. Judge. Judge. Judge.