1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5266 of 2008 IN FIRST APPEAL NO. 2300 of 2007 Mr.Shankar N. Shetty & ors. .. Appellants versus The Oriental Insurance Co.Ltd. .. Respondent ... Mr.T.J. Mendon for the applicant. Mr.J.S. Chandnani for respondent. CORAM : D.G. KARNIK, J DATED : 18th December 2008 P.C.: 1. Heard. 2. By this application, the applicants who are the decree holders pray for withdrawal of the amount of the award deposited by the respondent no.1 in the trial court. 2 3. By an order dated 9th October 2007 passed in Civil Application no.4976 of 2007, this court granted conditional stay for execution of the award subject to the judgment debtor depositing the amount before the Tribunal. The Court also granted liberty to the decree holder to apply for withdrawal. Application has been made for withdrawal of the amount in pursuance of the said liberty. 4. In my view, taking into consideration the age of the present applicants, as also the fact that they need some money for their day to day expenses, it would be appropriate to permit them to withdraw part of the amount deposited in the Tribunal. Accordingly, the applicants are permitted to withdraw in all a sum of Rs.1,00,000/- (Rupees One Lakh) deposited in the Tribunal on furnishing personal bond. The balance amount be invested in State Bank of India or in any nationalised bank initially for a period of 13 months to be renewed from time to time till the disposal of the appeal. Interest on the amount so deposited shall be paid to the applicants - decree holders. 5. Application is disposed of. 3 (D.G. KARNIK, J)