ca15783.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 15783 OF 2010 IN FIRST APPEAL NO. 696 OF 2010 Shaikh Julekhabee w/o Shaikh Kasam & Ors ...Applicants Versus Nandkushor Kagliwal and others ...Respondents ..... Mr. Ujjwal S. Patil, advocate for the applicants Mr. D.V. Soman, advocate for respondent No. 1 to 3 ..... WITH CIVIL APPLICATION NO. 3666 OF 2010 IN FIRST APPEAL NO. 696 OF 2010 Nandkushor Kagliwal and others ...Applicants Versus Shaikh Julekhabee w/o Shaikh Kasam & Ors ...Respondents ..... Mr. D.V. Soman, advocate for the applicants Mr. Ujjwal S. Patil, advocate for respondent Nos. 1 to 4. CORAM: R.M. BORDE, J. DATED: 11TH APRIL, 2011 PER COURT:- 1 While directing issuance of notices in civil application No. 3666 of 2010, this Court directed the appellants/owners of the vehicle to deposit ca15783.10 -2- 50% of the amount towards the compensation, as awarded by the M.A.C.T. Aurangabad, in this Court. Accordingly, the owners of the vehicle have deposited the amount to the tune of Rs.2,11,963/-. The claimants have presented civil application No. 15783 of 2010 claiming withdrawal of the amount deposited by the owners of vehicle i.e. appellants in first appeal, in this Court. 2 Considering the contentions raised by the respective parties, I am of the opinion that ends of justice would be met if the applicants in civil application No. 15783 of 2010 are permitted to withdraw the amount of Rs.1,00,00/- (Rupees One lacs only) on the condition of furnishing an undertaking to this court to the effect that in the event of reversal of the judgment and award passed by the M.A.C.T. Aurangabad, which is subject matter of challenge in the first appeal, the applicants in civil application No. 15783 of 2010 would deposit the amount withdrawn by them. Order accordingly. It is further directed that the balance amount of Rs.1,11,963/- shall be invested in fixed deposit initially for a period of three years and the fixed deposits receipts shall be renewed thereafter from time to time until disposal of first appeal. 3 In view of the compliance of order in respect of payments of amount by the owners of the vehicle, civil application No. 3666 of 2010 stands disposed of. So also in view of the permission accorded to the applicants in civil application No. 15783 of 2010 to withdraw part of the amount deposited by the appellants in first appeal, the said civil application also ca15783.10 -3- stands disposed of. 4 Interim stay to the execution of the award granted in civil application No. 3666 of 2010 on 22.3.2010 shall continue to operate till disposal of first appeal. ( R.M. BORDE. J.) rlj/