IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION Civil Application No. 5045 of 2005 In First Appeal No. 2113 of 2005 In L.A.R. No. 34 of 2002 The State of Maharashtra .. Applicant V/s. Shri Bhagwan Chichya Mhatre and Ors. .. Respondents Mr. K.K. Tated, AGP. for the Applicant Mr. S.G. Surana for the Respondents CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. SMT. V.K. TAHILRAMANI, JJ. DATED : 01.12.2005. DATED : 01.12.2005. DATED : 01.12.2005. P.C.:- P.C.:- P.C.:- 1. Rule. Rule made returnable forthwith. Heard the learned AGP. for the Applicant and the learned counsel for the Respondents. The Appeal has already been admitted. Under the aforesaid facts and circumstances, Rule is made absolute in terms of prayer clause (b) and (c), subject to the condition that the Applicant shall deposit the entire decretal amount in the Trial Court, within a period of 16 weeks from today. The Respondents are at liberty to withdraw 25% of the aforesaid deposit in the Trial Court, without furnishing any security. Out of the balance 75% of the amount, the Respondents are allowed to withdraw 50% by furnishing security to the satisfaction of the Trial Court or by a Bank Guarantee and balance 25% shall be invested in a Nationalised Bank in a fixed deposit (2) initially for a period of three years and thereafter to be renewed from time to time. Civil Application stands disposed of accordingly. (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (SMT. V.K. TAHILRAMANI, J.) (SMT. V.K. TAHILRAMANI, J.) (SMT. V.K. TAHILRAMANI, J.)