1 31-caf.5027.09 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5027 OF 2009 IN FIRST APPEAL NO. 1945 OF 2009 WITH CIVIL APPLICATON NO. 5028 OF 2009 IN FIRST APPEAL NO. 1946 OF 2009 ICICI Lombard General. ... APPLICANTS Vs. Mrs. Nilima Raviraj Jadhav and anr. ... RESPONDENTS -------- Mr. A.S.Vidyarthi for the Applicants in both the applications. Mr. R.V.Bansode for the Respondents in both the applications. -------- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 04 th August, 2010. P.C. 1 It is not in dispute that the Applicants have deposited the decretal amount with the lower Court. In the circumstances, the Applicants are entitled for interim relief as prayed. Accordingly, both the applications are allowed in terms of prayer clause (a). 2 31-caf.5027.09 anr 2 The learned counsel for the Respondents submits that the amount deposited by the Applicants be allowed to be withdrawn. The amount in question is over Rs.35,00,000/-. Besides, considering the issues raised in the appeal, in the interest of justice, we propose to permit the Respondents to withdraw the amount on condition that the Respondents shall furnish bank guarantee of a nationalized bank to the extent of 50% of the decretal amount and for the remaining 50%, shall furnish solvent security on which charge shall prevail during the pendency of the appeal. The bank guarantee of a nationalized bank shall also be kept alive during the pendency of the appeal. 3 In addition, the Respondents shall file undertaking in this Court that in the event appeal succeeds, the Respondents shall bring back the entire or part of the amount as withdrawn by them, if so ordered by the Court alongwith interest thereon as may be determined at the appropriate stage. On compliance of the above condition, the Respondents would be free to withdraw the amount. 4 Needless to observe that the above condition be complied by the Respondents within a period of six weeks from today, failing which the lower Court shall invest the amount in an appropriate Fixed Deposit Scheme in a nationalized bank, if already not invested. 5 The learned counsel for the Respondents submits that the 3 31-caf.5027.09 anr Applicants have not deposited the entire amount as per order dated 7 th January, 2010. This position is disputed by the learned counsel for the Applicants. If the Respondents so intend, they may take out formal application, which may be considered on its own merits. 6 Both the applications are disposed of accordingly. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]