- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5831 OF 2008 APPLICATION NO.5831 OF 2008 APPLICATION NO.5831 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.1368 OF 2006 APPEAL NO.1368 OF 2006 APPEAL NO.1368 OF 2006 Nandakumar Balakrishna Jadhav ...Applicant vs. Union of India ...Respondent Mr.Manoj S. Chatage for the applicant. Mr.T.J.Pandian for the respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 19,2009 : MARCH 19,2009 : MARCH 19,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the Advocate for the respondent. The order dated 19th January 2007 was passed permitting the applicant (respondent in the appeal) to withdraw the compensation amount on furnishing adequate security. Prayer in this application is for modification of the said order. 2. I have perused the compilation containing pleadings, notes of evidence as well as documents produced before the tribunal. Considering the material on record, the order needs to be modified. 3. Hence, I pass the following order : i) The applicant (respondent in appeal) is permitted to withdraw 50% without security of the amount deposited by the respondent (original appellant). Withdrawal will be - 2 - subject to final outcome of the Appeal. ii) Balance 50% of the amount deposited shall be invested by the tribunal in a fixed deposit in any nationalised bank and the fixed deposit shall be renewed from time to time till the disposal of the appeal. iii) The order regarding disbursement of the invested amount with interest accrued thereon will be passed at the time of disposal of the appeal. iv) The order dated 19th January 2007 passed on application no.2703 of 2006 stand modified accordingly. v) Civil application is disposed of accordingly. JUDGE JUDGE JUDGE