IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.F. 3021/2010 FIRST APPEAL NO.500/2008 JAYANT BALKI AND ORS ..VS... VAISHALI BALKI & ANOR Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 16 /12 / 2010 Heard Shri Jawade, the learned counsel for the applicant and Miss Gupta, the learned counsel for the non applicant. The learned counsel for the non applicant seriously opposes the prayer made in this civil application and states that the appellant is already receiving the sum of Rs.1500/- towards maintenance for the appellant and her minor daughter and in such circumstances, the amount granted in favour of the applicant in the proceedings under section 125 Cr.P.C. should be deducted from the amount which is payable to the applicant in terms of the order challenged by this appeal. In the facts and circumstances of the case and since the first appeal is admitted the applicants / respondents no.1 no.1 & 2 are permitted to withdraw the amount of Rs.40,000/. The balance amount may be placed in a fixed deposit account of a nationalized bank, initially for a period of one year and the same should be renewed thereafter, from time to time, during the pendency of the appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP.