1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4107 OF 2007 IN FIRST APPEAL NO.1780 OF 2007 IN SPECIAL CIVIL SUIT NO.805 OF 2001 Rashtriya Cargo Movers .. Applicant Vs. New India Assurance Co.Ltd & Anr.. Respondents Mr.N.K.Kamat for the applicant Mr.Manoharlal Bansal for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ A.A.SAYED, JJ A.A.SAYED, JJ. DATED : 28TH AUGUST, 2007 DATED : 28TH AUGUST, 2007 DATED : 28TH AUGUST, 2007 P.C.: 1. Heard. 2. The application is filed by the respondent Insurance Company for allowing them to withdraw the amount deposited by the appellant and it is submitted that in case the appellant succeeds they would refund the amount with interest. 2 3. Another submission which is made before this court is that the appellant has deposited the principal amount of Rs.20,14,000/- whereas the court has granted the decree with interest @ 6% p.a. and therefore, the appellant should be further directed to deposit the interest on the said amount. 4. We find that by directing the appellant to deposit the principal amount which has been invested in a nationalised bank in term deposit, the interest by the respondent is sufficiently secured and, therefore, the application is rejected with no order as to costs. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )