1 caf.2893.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2893 OF 2010 IN FIRST APPEAL NO.1029 OF 2010 Shri Rajendra Gajanan Sadvilkar ...Applicant Versus Thhe New India Assurance Co.Ltd. ...Respondents ...... Mr.Vilas R.More for Applicant. Mr.D.R.Mahadik for Respondent No.1. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- AUGUST 6, 2010. P.C. 1. Heard Counsel for the parties. 2. By this Application, the Applicant/Respondent prays that he may be allowed to withdraw the decretal amount deposited by the Appellant in the Trial Court. 3. We accede to that request on condition that the Applicant shall furnish solvent security to the extent of 50% of the decretal amount. Besides, the Applicant will file Undertaking in this Court that as and when the Court so directs, he shall bring back the amount as directed by the Court along with interest, if any, forthwith. 2 caf.2893.10.sxw 4. Only on complying the above two conditions, the Applicant is permitted to withdraw the amount deposited by the Appellant in the Trial Court. 5. If the Applicant fails to furnish solvent security within six weeks from today, the Trial Court shall invest the amount in appropriate Fixed Deposit Scheme in a Nationalised Bank. 6. Application disposed of on the above terms. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)