1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.465 OF 2010 IN FIRST APPEAL NO. 750 OF 2010 M/s. The New India Assurance Co.Ltd. ....Applicant. Vs. Shri Somnath N. Patil & Anr. ....Respondents Mr. Yadu Bhargavan i/b.M/s.R.Bhargavan & Associates for the applicant. Mr. Amol A. Deshpande, advocate for respondent No.1. CORAM:- A.M.KHANWILKAR AND A.A..SAYED, JJ DATED:- JULY 07, 2010 P.C. 1. Heard Counsel for the parties. 2. It is not in dispute that appellant has already deposited decreetal amount in the Court. The Appeal is admitted by separate order passed today. In the circumstances, we have no hesitation in granting interim relief in terms of prayer clause (a), which will operate during the pendency of appeal. 3. However, it will be open to the Respondents/claimants to withdraw the 2 decreetal amount deposited by the appellant on condition that the Respondents/claimants shall furnish solvent security to the extent of 50% of the amount to be withdrawn and 50% amount can be withdrawn without security. In addition, the Respondents/claimants shall file undertaking in this Court to the effect that if the Court so directs, the amount, so withdrawn by the Respondents/claimants will be deposited in the Court alongwith interest, if so ordered at the appropriate stage. Subject to compliance of the above two conditions, the Respondents/claimants would be entitled to withdraw the amount. That be done within four weeks from today, failing which the Registry shall deposit the amount in appropriate fixed deposit scheme, which shall be kept alive during the pendency of the appeal. The Application disposed of on the above terms. 4. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)