: 1 : SD 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.1862 OF 2005 CIVIL APPLICATION NO.1862 OF 2005 CIVIL APPLICATION NO.1862 OF 2005 IN IN IN FIRST APPEAL NO.64 OF 2006 FIRST APPEAL NO.64 OF 2006 FIRST APPEAL NO.64 OF 2006 Anil Dashrath Datrange & Anr. ...Applicants V/s. Khanderao B. Zagade & Ors. ...Respondents WITH WITH WITH CIVIL APPLICATION NO.1864 OF 2005 CIVIL APPLICATION NO.1864 OF 2005 CIVIL APPLICATION NO.1864 OF 2005 IN IN IN FIRST APPEAL NO.65 OF 2006 FIRST APPEAL NO.65 OF 2006 FIRST APPEAL NO.65 OF 2006 Anil Dashrath Datrange & Anr. ...Applicants V/s. Balasaheb Sakharam Lonare, Deceased, . Thru’ Maina Balasaheb Lonare & Ors. ...Respondents Mr.P.B. Shah, Advocate, for the Applicants. Mr.Milind Deshmukh, Advocate, for Respondent Nos.1A to 1D. Ms.Bhakti Barve, Advocate, h/f. Arati Barve, for Respondent No.3. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 25TH FEBRUARY, 2008. DATE : 25TH FEBRUARY, 2008. DATE : 25TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. It appears that the compensation amount has been deposited with the Tribunal by the 3rd respondent. The prayer in this Application by the appellants is for stay of execution of that part of the impugned Award by which the 3rd respondent has been permitted : 2 : to recover the compensation amount from the appellants. 2. Considering the facts and circumstances of the case if applicants want to obtain order of stay, they will have to furnish adequate security for the entire amount deposited by respondent No.3. 3. Hence, Application is disposed of by passing following order :- "O R D E R’ "O R D E R’ "O R D E R’ (a). Till the final disposal of the First Appeal, there will be stay of operation and execution of that part of Clause No.3 of the operative part of the decree by which the 3rd respondent-Insurer has been permitted to recover the compensation amount deposited by it from the applicants-appellants, subject to condition that the applicants will furnish adequate security for the amount deposited by the 3rd respondent subject to satisfaction of the learned Member of the Tribunal. The 3rd respondent-Insurer will be heard by the learned Member of the Tribunal before : 3 : accepting the security. (b). If security, as ordered above, is not furnished by the applicants within a period of four months from today, the interim stay granted by this Court will stand vacated without further reference to the Court. (c). It is made clear that original claimants are free to withdraw the amounts deposited by the 3rd respondent-Insurer on the basis of the impugned Award. (d). If any amount is deposited by the applicants with the Tribunal, the same shall be invested in the fixed deposit in any nationalized bank and the fixed deposit shall be renewed from time to time till the final disposal of the Appeal. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]