-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.2842 OF 2002 APPLICATION NO.2842 OF 2002 APPLICATION NO.2842 OF 2002 IN IN IN FIRST FIRST FIRST APPEAL NO.1197 OF 2004 APPEAL NO.1197 OF 2004 APPEAL NO.1197 OF 2004 Fatimabai Abdul Nabi Shaikh & Anr. ...Applicants vs. Jabedabi Wahid Ali & Anr. ...Respondents Mr.S.S.Redekar for the Applicants CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JANUARY 15,2008. : JANUARY 15,2008. : JANUARY 15,2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicants. The Applicants are the Appellants. By impugned decree dated 30th April 2002, the second Respondent-L.I.C. has been permitted to withdraw the amount deposited which was payable as per the policies in dispute. The trial court has held that the second Respondent-L.I.C. is entitled to repudiate the suit policies on account of suppression of material facts. Even if the L.I.C. withdraws the amount, in the event of success of the Applicants in the First Appeal, L.I.C. will have to bring back the amount with appropriate rate of interest. Hence, no case is made out for grant of stay. Application for stay is rejected. The trial court will permit the second Respondent-L.I.C. to withdraw the amount deposited by it along with the interest accrued thereon. 2. It is made clear that withdrawal of the amount by the second Respondent will be subject to final outcome of the appeal. -2- JUDGE JUDGE JUDGE