1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO: 5050/2007 in F.A.NO: 153/2007 (Branch Manager National Insurance Co. vs. Prakash Maniram Kalode and another) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. Mr. G.N.Khanzode,Adv.for applicant Mr. P.S.Mirache, Adv.for Respondent No.1 CORAM: SMT. Vasanti A. Naik , J. DATED: 30th AUGUST, 2007. *** Heard learned counsel for the parties. By this Civil Application the applicant/ respondent no.1 seeks permission to withdraw an amount of Rs. 1,80,000 deposited by the appellant in this Court without furnishing surety. The Respondent no.1 would not be permitted to withdraw the entire amount of Rs.1,80,004 as in terms of the award passed by the Tribunal, Respondent no.1 as well as his two sisters are entitled to have equal share in the compensation of Rs. 1,92,000 awarded by the Tribunal. In view of the aforesaid position and in view of the fact that the appellant has 2 deposited an amount of Rs.1,80,000 in the trial Court, it would be necessary in the interest of justice to permit Respondent no. 1 to withdraw an amount of Rs. 40,000/- on furnishing solvent surety /security to the satisfaction of the trial Court. The balance amount may be placed in a fixed deposit account of a nationalised Bank initially for a period of 37 months and the same should be renewed thereafter from time to time during pendency of the First Appeal. C.A. is allowed on the aforesaid terms and disposed of. JUDGE sahare