CAF3624/05 (1) agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3624 OF 2005 IN FIRST APPEAL NO.1454 OF 2005 Kantilal Giridhar Gandhi .. Applicant versus Shalan Bhanudas Mahadik & Ors .. Respondents Mr.Nilesh Wable i/by Mr.Umesh Mankapure for the applicant. Mr.Dilip Bodake for respondent No.1. Ms.Yogita Mayekar i/by Mr.A.B.Tajane for respondent No.3. Mr.Santoshkumar Mishra i/by M/s.Singhania & Co for respondent No.4. Mr.S.G.Deshpande for respondent No.5. CORAM : A.S.OKA, J. DATE : 29th September 2010. P.C.: . Heard learned counsel appearing for the applicant and learned counsel appearing for the 1st respondent. Taking into consideration amount of Rs.25,000/- deposited in this Court, total amount of Rs.40,000/- has been deposited by the applicant in this Court. As a condition for grant of stay, the applicant will have to deposit the balance decretal amount. Considering the controversy involved, some amount will have to be permitted to be withdrawn by the 1st and 2nd respondents who are the claimants. CAF3624/05 (2) 2 Hence, Civil Application is disposed of by passing the following order: : O R D E R : (a) There will be interim relief in terms of prayer clause (b) subject to condition of the applicant depositing with the Tribunal balance decretal amount payable as of today within a period of ten weeks from today. It is made clear that the applicant will be entitled to adjustment of a sum of Rs.40,000/- deposited in this Court. (b) If compliance is not made, the stay will stand vacated without further reference to the Court. (c) The 1st and 2nd respondents are permitted to withdraw a sum of Rs.40,000/- deposited in this Court with interest accrued thereon. The withdrawal will be subject to final outcome of the appeal. In the event this Court holds that the insurer was liable to satisfy the award, it will be open for the applicant to recover the said amount of Rs.40,000/- with interest from the insurer. (d) Rest of the amount deposited by the applicant in the Tribunal shall be invested in the fixed deposit till the final disposal of the appeal. (e) Civil Application No.3621 of 2009 does not survive and the same is disposed of. (A.S.OKA, J)