/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.571 OF 2008 IN FIRST APPEAL NO.201 OF 2008 The New India Assurance Co. Ltd. ...Appellant/ Applicant V/s. Dr. Mrs. Jigna Dinesh Bhatt & Ors ...Respondents. Mrs.Arti B. Barve for Applicant. Advocate for the Respondents present. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 14th FEBRUARY, 2008 P.C.:- By consent of the parties, civil application is disposed of in the following terms:- 1. Civil application is granted in terms of prayer clause(B) subject to Appellant/Applicant depositing entire decreetal amount within a period of eights weeks before the Trial Court with due intimation to the Respondents. 2. On amount being deposited, the Trial Court shall permit the / 2/ Respondents to withdraw Rs.13 lakhs out of amount deposited by the Applicant without furnishing any security and the Trial Court shall permit the Respondents to withdraw balance of the decreetal amount by furnishing bank guarantee of a nationalized bank to the satisfaction of the Trial Court. Withdrawal of the balance amount shall be permitted within a period of six weeks from the date of deposit. If the amount is not withdrawn within the aforesaid period, it shall be deposited in fixed deposit of a nationalized bank for appropriate period. Before withdrawal of the balance amount, the Respondents shall also file an undertaking in the Trial Court, undertaking to this Court to bring back the same if so directed by this Court and on such terms and conditions as may be directed by this Court. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.)