1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6715 OF 2007 IN FIRST APPEAL NO.2892 OF 2007 1.Smt.Hashmatara Sen & another. ...Applicants vs. 1.Smt.Jehanara Shabbeer & another. ...Respondents. --- Mr.N.V.Walawalkar i/b. S.Gopal, for the Applicants. Mr.Merchant i/b. M/s.Tejpal & Co., for Respondents. CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 20th December,2007. P.C.:- By consent of parties, the Civil Application is disposed of in the following terms:- 1. Civil application is granted in terms of 2 prayer clause (a) subject to the condition that within a period of three months from today with due intimation to the plaintiffs, the defendants shall deposit in the Trial Court the amount of compensation fixed by the decree impugned in the appeal at the rate of Rs.5000/- per month from February,1995 till December,2007 and the applicants/defendants shall also deposit every month from the month of January,2008, on or before 10th day of each calender month, amount of Rs.5,000/- per month with due intimation to the plaintiffs. 2. If the applicants/defendants commit default in depositing the amount of arrears as per this order or commit any two defaults in depositing the amount of monthly compensation from January,2008, the interim order shall stand vacated. 3. On the amount of arrears being deposited, the Trial Court shall permit the plaintiffs to withdraw the amount on filing an 3 undertaking before the Trial Court undertaking to this Court to bring back the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court, on furnishing bank guarantee of a nationalised bank to the satisfaction of the Trial Court. 4. So far as the amount of monthly compensation from the month of January,2008 is concerned, the Trial Court shall permit the plaintiffs to withdraw the amount every quarter on furnishing undertaking as indicated above and on furnishing bank guarantee as indicated above. 5. If the amount of arrears is not withdrawn within a period of six weeks from the date of deposit, the amount shall be invested in fixed deposit in a nationalised bank to the credit of the appeal. Similarly, if the amount of monthly compensation which is permitted to be withdrawn quarterly, is not withdrawn within a period of six weeks from the end of quarter, it 4 shall be deposited in fixed deposit in a nationalised bank to the credit of the appeal. (D.K.DESHMUKH, J.) (V.M.KANADE,J.) ---