FARAD FARAD FARAD CONTINUATION SHEET. CONTINUATION SHEET. CONTINUATION SHEET. 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 APPLICATION No.5923 of 2005. IN FIRST APPEAL St. No. 26082 of 2005. --------------------------------------------------- Office Notes,Office Court or Judge’s Order. Memorandum of Coram apperance,Court’s Orders & Directions and Registrar’s Order. ------------------------------------------------------ C.M. Lokesh for the Applicants. S.G. Thorat for the Respondents. CORAM: CORAM: CORAM: S.B.DESHMUKH,J. S.B.DESHMUKH,J. S.B.DESHMUKH,J. DATED: DATED: DATED: 18.9.200 18.9.200 18.9.2006. P.C.:- P.C.:- P.C.:- Not on Board. Mentioned Taken on Board. 1] Heard the learned Counsel for the Parties. 2] Perused the order passed by this Court on September 5th, 2006. Both the learned Counsel agree that an amount of Rs. 15000/- is deposited in this Court under Section 173 of the Motor Vehicles Act, 1988. However, it is mentioned in para no.2 of the Order that an amount of Rs.50,000/- is deposited. By the Speaking to Minutes, it is made clear that in para no.2 figure to be read is Rs. "15,000/-"and not "Rs.50,000/-". With this clarification Speaking to minutes Motion is partly allowed and disposed of. 3] In para no. 4 of the Order it is pointed out that by way of clarifcation it is observed that the Application is partly allowed in terms of prayer clause (a) subject to depositing entire decretal amount in the Trial Court within a period of 10 weeks. It is also clarified that in case of failure of deposit, stay granted shall stand vacated automatically. 4] The learned Counsel for the Applicant has pointed out that the Award is passed by the Tribunal, is for Rs.30,000/-. The interest amount of Rs. 25,000/- was deposited in the Trial Court. In this Court an amount of Rs. 15,000/- is deposited by way of statutory deposit. Infact, according to him, interest amount than the amount awarded by the Trial Court is deposited by the Applicant in its totality. Therefore, now the Applicant is not required to deposit amount towards decree passed by the Trial Court. The learned Counsel for the Respondents admits this position. In this view of the matter, para no.4 of the order passed by this Court earlier stands deleted and in its place it is ordered, as below:- "In the result, Civil Application is allowed in terms of prayer clause (a) till the disposal of the Appeal. Registry is directed to invest an amount of Rs.15,000/-lying in this Court, with any Nationalized Bank, initially for a period of seven years and in the absence of any order from this Court, the said amount shall be invested for three years every time. Civil Application is accordingly allowed and disposed of in the above terms." [S.B. [S.B. [S.B. DESHMUKH,J.] DESHMUKH,J.] DESHMUKH,J.]