: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1342 OF 2008 CIVIL APPLICATION NO.1342 OF 2008 CIVIL APPLICATION NO.1342 OF 2008 IN IN IN FIRST APPEAL NO.530 OF 2008 FIRST APPEAL NO.530 OF 2008 FIRST APPEAL NO.530 OF 2008 The New India Assurance Co. Ltd.,Mumbai ...Applicant V/s. Hanumant Keshav Kharade & Ors. ...Respondents Mr.D.R. Mahadik, Advocate, for the Applicant. Mr.T.J. Mendon, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. Considering the challenge in the Appeal and considering the fact that the salary is taken by the learned Commissioner at the rate of Rs.3,300/- per month instead of Rs.4,000/- per month, the respondents are entitled to withdraw the principal amount payable under the impugned Judgement and Order without furnishing any security. However, for interest amount, they will have to furnish adequate security. 3. Hence the Application is disposed of by passing following order :- : 2 : "O R D E R" "O R D E R" "O R D E R" (a). The learned Commissioner will permit the original claimants to withdraw a sum of Rs.3,52,390/- without security. However, interest amount will be permitted to be withdrawn on furnishing adequate security for the said amount. (b). There will be no orders as to costs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]