: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1424 OF 2009 IN FIRST APPEAL NO.418 OF 2009 M/s. Bajaj Allians General Insurance Co. Ltd. .. Applicants V/s. Mohan Bapuso Kshirsagar & Ors. .. Respondents WITH CIVIL APPLICATION NO.2545 OF 2009 IN FIRST APPEAL NO.418 OF 2009 Mohan Bapuso Kshirsagar & Ors. ..Applicants V/s. M/s. Bajaj Allians General Insurance Co. Ltd. & Anr. .. Applicants ..... Mr. S.R. Singh i/by S.R. Singh for the applicants Mr. Banderkar for respondent Nos.1 and 2. (in C.A. No. 1424/09) Mr. J.J. Banderkar for the applicants Mr. S.R. Singh i/by S.R. Singh & Co. for respondents ..... CORAM : R.Y. GANOO, J. DATE : 8TH JULY, 2009. : 2 : P.C. : 1. The appellants by Civil Application No.1424 of 2009 prayed for stay of the operation of the impugned judgment and award whereas the respondent Nos.1 and 2 in the main application have applied for withdrawal of the amount which has been deposited by the appellants in the trial Court. These two applications can be heard and disposed of by a common order. 2. I have heard learned advocates on both the sides. By the impugned award, 50% of the decreetal amount is ordered to be paid to the original claimants whereas 50% of the amount is ordered to be invested in the nationalized bank. Hence, the application for the withdrawal of the amount will have to be restricted to 50% of the amount which is deposited in the trial Court. It is with this understanding, the following order is passed. ORDER . Respondent Nos.1 and 2 who are applicants in Civil Application 2545 of 2009 are permitted to withdraw from the trial Court 50% of the amount which is deposited by the appellants namely Bajaj Alliance : 3 : General Insurance Ltd. on condition that the respondent Nos.1 and 2 furnish security to the satisfaction of the trial Court. The rest of the amount which is to be invested in the nationalized bank should be so invested in accordance with the text of the award impugned in this first appeal including payment of interest so accrued to respondent Nos. 1 and 2. . The Court before passing an order for withdrawal and putting respondent Nos.1 and 2 to the terms as regards furnishing security, the Insurance Company will be able to advance their submission before the learned trial Judge. The amount of Rs.25,000/- deposited in this Court be transferred to the trial Court and to be added in the entire amount and credit of that amount be given to the appellants Insurance Company and if the amount deposited by the Insurance Company turns out to be more than decreetal amount, the excess amount will be repaid by the learned trial Judge. (R.Y. Ganoo, J.)