KBP 1 ca4106-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.4106 OF 2010 IN FIRST APPEAL NO.1029 OF 2009 (Rajendra Vs.New India Assurance) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.V.R.More, for applicant. Mr.D.R.Mahadik, for respondent no.1. CORAM : A.S.OKA, J. DATE : 16 th November, 2010 P.C. Heard learned counsel for the applicant and learned counsel for the first respondent. 2] The appeal preferred by the first respondent challenging the impugned award granting compensation to the applicant, stands admitted for final hearing. 3] By order dated 6 th August, 2010, this court permitted the applicant in this application to withdraw the compensation amount subject to furnishing the solvent security to the extent of 50% of the decretal amount. The applicant was also directed to file an undertaking that as and when the court directs, he shall bring back the amount with interest. The effect of order dated 6 th August, 2010 is that the applicant is entitled to withdraw the entire compensation amount subject to furnishing solvent security to the extent of 50% of the decretal KBP 2 ca4106-10.sxw amount and subject to filing of an undertaking as aforesaid. 4] The applicant has stated that he is unable to furnish the solvent security. In the circumstances, the applicant can be permitted to withdraw only 50% of the compensation amount subject to furnishing undertaking as directed by this Court. Rest of the amount will have to be invested. 5] Hence, application is disposed of by passing following oder: (a) Order dated 6 th August, 2010 passed in Civil Application No.2893 of 2010 is modified and the applicant is permitted to withdraw 50% of the compensation amount without furnishing security, subject to filing an undertaking before the Tribunal that the applicant will bring back amount with appropriate rate of interest, in the event the first respondent succeeds in the appeal. (b) The balance 50% amount shall be invested in fixed deposit in any nationalised bank till the final disposal of the appeal. [ A.S. OKA, J.]