1 ndm 1 caf.4294.05 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4294 OF 2005 IN FIRST APPEAL NO. 1581 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. J.S.Chandnani for the Applicant. Mr. C.M.Lokesh i/b Mr. G.S.Hegde and Associates for Respondent No.1. CORAM : A.S.OKA, J. DATE : 15 th December, 2010. P.C. 1 Heard the learned counsel appearing for the parties. 2 Perused the impugned judgment and award. Considering the facts and circumstances of the case, a permission deserves to be granted to the 1 st claimant to withdraw a substantial amount. Accordingly, the 1 st claimant is permitted to withdraw a sum of Rs.1,50,000/- subject to filing an undertaking in this Court to repay the amount with appropriate rate of interest in the event the Applicant succeeds in the appeal. 3 Rest of the amount shall be invested in the fixed deposit till the final disposal of the appeal. The 1 st and 2 nd claimants shall be permitted to withdraw interest accrued on the fixed deposit. 2 4 Civil Application disposed of on the above terms. [ A.S.OKA, J ]