1 mss CAF4663+64 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4663 OF 2010 IN FIRST APPEAL NO. 1555 OF 2009 WITH CIVIL APPLICATION NO. 4664 OF 2010 IN FIRST APPEAL NO. 1554 OF 2009 AMRITLAL PRATAPCHANDJI SHAH .. APPELLANT Vs. HINDUSTAN ORGANIC CHEMICALS LTD. .. RESPONDENT Mr. V. R. Sutrale for the applicant Mr. D. D. Madon with Nikhil Mehta i/b K.M.C. Legal Venture for respondent CORAM: SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 4/3/2011 P.C.: The applicant is the original plaintiff-decree holder. The respondent 2 mss CAF4663+64 is the judgment debtor. Admittedly the respondent has deposited the decretal amount in this court. The applicant has prayed that he may be permitted to withdraw the amount which is deposited by the respondent. 2. Learned counsel for the applicant states that the applicant is willing to furnish bank guarantee. He submitted that the applicant may be permitted to withdraw the deposited amount on furnishing bank guarantee to the satisfaction of the Registrar (Judicial-I) of this court within a period of six weeks. 3. Since the applicant is prepared to furnish a bank guarantee, we see no reason why the applicant should not be permitted to withdraw the deposited amount. Hence the following order: The applicant is permitted to withdraw the decretal amount deposited by the respondent in this court on his furnishing bank guarantee of any nationalized bank to the satisfaction of the Registrar (Judicial-I) of this court. Bank guarantee shall be kept alive till the disposal of the appeal and for a period of two weeks thereafter. Bank guarantee shall be furnished within six weeks from today. 3 mss CAF4663+64 In the event the appeal is allowed and if the concerned court directs the applicant to bring back the amount withdrawn by him with interest the applicant will have to pay back the same with interest and to that effect the applicant shall file an undertaking. Learned counsel for the applicant states that the applicant will file such undertaking. This statement is accepted. The undertaking be filed within a period of two weeks from today. Civil application is disposed of in the aforestated terms. (SMT. RANJANA DESAI, J.) (RANJIT MORE, J)