1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 726 OF 2010 WITH CIVIL APPLICATION NO.4057 OF 2009 IN FIRST APPEAL NO.726 OF 2010 Maharashtra State Road Transport Corporation Vahatuk Bhavan. ....Appellant Vs. Baby Shankar Musale & Ors. ....Respondents Mr.C.M.Lokesh i/b. M/s. G.S.Hegde & Asso. For appellant. Mr.Rameshwar N. Gite for Respondent Nos.1 to 4. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 16, 2010 P.C. 1. Heard. Admit. 2. The requirement of printing of paper-book is dispensed with on condition that the Appellant(s) shall file Additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower Court. That be done within twelve 2 weeks from today, failing which the appeal shall stand dismissed for non prosecution without further reference to the Court. As soon as the paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. 3. In so far as the Civil Application is concerned, the Counsel for the Applicant submits that the entire decreetal amount has been deposited in the lower Court. In the circumstances, we are inclined to grant interim relief in terms of prayer clause (a) of this application. The Respondents however, would be entitled to withdraw 50% of the compensation amount deposited by the applicant with accrued interest thereon, if any, in modification of the operative order passed by the lower Court, which is impugned before us. The Respondents would be free to apportion the said 50% amount between them, as they may like. If no agreement can be reached on the amount, to be apportioned on the respective Respondents, it will be open to the Respondents to apply to this Court for appropriate direction. Only whereafter the 50% amount allowed to be withdrawn by the Respondent be disbursed to them. In other words, the Respondents shall place on record joint statement agreed for disbursal of the 3 amount in proportion decided by them or otherwise. Besides, filing such statement, the Respondents will be obliged to furnish commensurate solvent surety to the extent of amount to be withdrawn by them. 4. Rest of the 50% compensation amount alongwith the accrued interest thereon, if any, be invested in appropriate fixed deposit scheme till the disposal of the appeal. 5. In the event the appeal succeeds, the Respondents would be obliged to bring back the amount, as may be ordered by the Court alongwith interest thereon for the period from the date of withdrawal till the date, on which deposit of the amount will be made. That question will be decided at the appropriate stage. The Respondents shall file undertaking to that effect. It will be condition precedent for allowing the Respondents to withdraw permitted amount as aforesaid. 6. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)