1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 281 OF 2011 IN FIRST APPEAL NO. 467 OF 2008 M. I. D. C. thr Regional Officer Yavatmal Vs. Bharatlal Gangadhin Prajapati Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri Agnihotri Adv for appellant. Shri Sonwane Adv for respondent/applicant. CORAM: .R. M. SAVANT J. Dated: 1 st MARCH, 2011. By the above civil application applicant seeks to withdraw the amount of Rs. 26,37,557/- which is the balance remaining out of the decretal amount deposited by the appellant-M. I. D. C. which was to the tune of Rs. 36,32,057/- in this Court. By an earlier application the applicant has already withdrawn an amount of Rs. 9,94,500/- by furnishing solvent security. At the hearing of the above civil application the learned counsel for the applicant restricts his claim to 50% of the amount of Rs. 26,37,557/-. He further states that no further applications for withdrawal 2 would be filed by the applicant. Civil Application is therefore allowed. The applicant is allowed to withdraw 50% of the amount of Rs. 26,37,557/- by furnishing solvent security to the satisfaction of the learned Registrar of this Court. The statement of the learned counsel for the applicant that the applicant would not file any further application for withdrawal is accepted. Balance remaining would be invested by the office in fixed deposit of a nationalised bank initially for a period of two years to be renewed thereafter from time to time as deemed fit. Applicant to also file an undertaking in this Court stating that in the event the appellant-M. I. D. C. succeeds in the appeal and the amount is to be brought back the applicant would bring back the amount as would be directed by this Court at the time of the final hearing of the above First Appeal. Civil Application is accordingly disposed of. JUDGE svk 3 4 5