1 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.5589 OF 2007. APPLICATION NO.5589 OF 2007. APPLICATION NO.5589 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.3067 OF 2006. APPEAL NO.3067 OF 2006. APPEAL NO.3067 OF 2006. Nandkumar Ramchandra Deshmukh : Applicant. versus The State of Maharashtra & Anr. : Respondents. Mr.V.S.Talkute for the applicant. Ms.Shilpa Gajare, AGP, for the State. WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.5238 OF 2006 APPLICATION NO.5238 OF 2006 APPLICATION NO.5238 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.3067 0F 2006 APPEAL NO.3067 0F 2006 APPEAL NO.3067 0F 2006 The State of Maharashtra : Applicant. versus Nandkumar Ramchandra Deshmukh and anr. : Respondents. Ms.Shilpa Gajare, AGP, for the State/Applicant. 2 Mr.V.S.Talkute for the Respondent No.1. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : APRIL 23, 2008. : APRIL 23, 2008. : APRIL 23, 2008. P.C. P.C. P.C. 1. Heard learned counsel appearing for the applicant/claimant and learned AGP appearing for the State. 2. So far as Civil Application No.5589 of 2007 is concerned, it is filed by the applicant/original claimant for withdrawal of amount deposited by the Respondent Nos.1 and 2 in the trial Court. 3. The applicant/original claimant is permitted to withdraw a sum of Rs.1,00,000/- without furnishing any security but subject to giving personal bond and a sum of Rs.2,00,000/- subject to furnishing adequate security for the said amount to the satisfaction of the learned Member of the Tribunal. Rest of the amount to be invested by the learned Member of the Tribunal in a Fixed Deposit in any nationalised bank. The said remaining amount, which is ordered to be invested in a nationalised bank, will remain in fixed 3 deposit, during pendency of the appeal. 4. Civil Application No.5589 of 2007 stands disposed of accordingly. 5. So far as Civil Application No.5238 of 2006 is concerned, it is filed by the State for stay. In view of the order passed herein above in Civil Application No.5589 of 2007, this Civil Application bearing No.5238 of 2007 stands disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]