: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4081 OF 2004 IN FIRST APPEAL NO.1257 OF 2004 ------------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s Orders of Coram, appearances, Court’s Orders or directions and Registrar’s Orders ------------------------------------------------------------------ Mr.A.J.Bhor for applicant Mr.M.B.Kotak for respondent CORAM : P.V.KAKADE,J. DATE : 30th November, 2004 P.C.: 1. Heard the advocate for applicant. Advocate for the respondent appears and waives service. 2. In view of the facts and circumstances the application is made absolute in terms of prayer : 2 : clause (b) on condition that the entire decretal amount shall be deposited within six weeks from the of this order in the lower court. On depositing the said amount the respondent shall be at liberty to withdraw the amount of Rs.One lac on furnishing adequate security to the satisfaction of the lower court. The remaining amount shall be invested in any nationalised bank for initial period of three years.