1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3281 OF 2009 IN FIRST APPEAL NO.1411 OF 2004 Dayanand M. Pedde .....Applicant V/s. The National Insurance Co. Ltd. ..... Respondent Mr.D.D.Shinde a/w U.B.Nighot, for the applicant. Mr.S.S.Bhide, for the respondent. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 25, 2009 P.C. 1. The learned counsel for the applicant submitted that since the appellant could not furnish bank guarantee as per the order of this Court dated 19-12-2006, he could not withdraw any amount. He therefore, prayed that the applicant may be permitted to withdraw the amount without furnishing any security. 2. At this stage, it is not possible to pass such an order, as in view of the order of this Court dated 19-12-2006, the applicant was permitted to withdraw the amount upon furnishing bank guarantee. However, considering the fact that the applicant has not received a single paise as he could not furnish bank guarantee, it would be desirable that 2 the First Appeal is taken up for final hearing shortly, as the issue involves more or less on the point of law. Accordingly, First Appeal is fixed for final hearing on 05-10-2009. 3. Civil application is disposed of. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)