1 caf2552 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2552 OF 2010 IN FIRST APPEAL NO. 835 OF 2005 Manjula Shukanraj Palresha & Ors. ... ... Applicants. Versus New India Assurance Co. Ltd. & Anr. ... ... Respondents. Mr. Rahul R. Singh for the Applicants. Mr. Ranjan Tripathi i/by Mr. S. M. Vidyarthi for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 29TH JULY, 2010. P. C. : This application is filed by applicant No.2 for permission to withdraw the amount of Rs.2,50,000/- which is deposited in the name of applicant No.2 in the nationalised bank by the insurance company. The fact that the applicant has become major by now is not in dispute. The application is opposed by the respondents on the argument that vide order dated 19th April, 2005 this Court directed investing the amount in the nationalised bank which investment should be continued till the appellant Nos.2 and 3 attain majority or till the final disposal of the appeal, whichever is later. According to him the relief as prayed in this application, if granted, would result in review of the said order. We do not agree with this submission. The applicant has come for modification of the said 2 caf2552 condition and it is open for the Court to consider the said request. The fact that the applicant No.2 has become major as aforesaid is not in dispute. In the circumstances, in the interest of justice we accede to the request of applicant No.2 to allow to withdraw the amount of Rs.2,50,000/- invested in nationalised bank in his name along with interest accrued thereon, if any, on condition that the applicant No.2/appellant No.2 shall furnish solvent security of commensurate amount and also file undertaking to the effect that in the event the Court so directs he shall bring back the entire amount withdrawn by him along with interest thereon, if any, which will be at least commensurate with the loss of interest on the investment for the relevant period. Subject to compliance of the above conditions, the applicant No.2/appellant No.2 is allowed to withdraw the amount as prayed. 2. The civil application is disposed of, accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)