FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5049 OF 2011 IN FIRST APPEAL NO. 2982 OF 2008. Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.S. Thombre, Advocate for the applicant. Mrs. A.V. Gondhalekar, AGP for rspondents. CORAM :- D.B. BHOSALE & R.M. BORDE, JJ. DATE :- 19th April, 2011. PER COURT :- 1] Heard learned counsel for the parties. 2] By this civil application, the applicant has prayed for recalling of the order dated 20/1/2011, passed in Civil Application NO. 17826/2010 in Civil Application No. 14146/2010, in First Appeal No. 2982 of 2008. 3] The relevant portion of the order dated 20/1/2011 reads thus :- “This Court, vide order dated 11th June 2009, passed on Civil Application No.4782 of 2009, had permitted the applicant to withdraw 50% of the amount deposited by the Respondent. The applicant was allowed to withdraw 25% amount (out of the 50% amount allowed to be withdrawn) on furnishing bank guarantee and remaining 25% amount on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. The applicant has furnished bank guarantee and has already withdrawn 25% amount. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5049 OF 2011 IN FIRST APPEAL NO. 2982 OF 2008. Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Learned Counsel for the applicant submits that the applicant has also furnished undertaking in terms of the order dated 11.06.2009. 3] By this application, the applicant is seeking discharge of the solvent surety furnished by him, as stated in paragraph no. 3 of the application. Such prayer is made stating in the application that the applicant does not want to withdraw the remaining 25% amount by furnishing solvent surety. The applicant has given an undertaking to that effect in paragraph no. 5 of the application. The undertaking given by the applicant is accepted. There is no dispute that, though, the applicant has furnished solvent surety, has not withdrawn the remaining 25% amount as per the order dated 11.06.2009. 4] In the circumstances, this application is made absolute in terms of prayer clause (B). The office is directed to invest the remaining 25% amount, which the applicant was allowed to withdraw on furnishing solvent surety, in a Nationalised Bank, initially for a period of three years and the same may be renewed from time to time till the appeal is finally disposed of. The order of this Court dated 11.06.2009 stands modified only to this extent . The directionin respect of 50% amount, which was directed to be deposited in fixed deposit, shall remain unaltered.” 4] It appears that Civil Application No. 14146 of 2011 was disposed of vide order dated 22/10/2010. By this order, the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5049 OF 2011 IN FIRST APPEAL NO. 2982 OF 2008. Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 applicant was allowed to furnish bank guarantee in respect of 25% of the amount out of 50% amount, which has already been withdrawn by him on furnishing solvent surety. In other words, he was allowed to substitute solvent surety by furnishing bank guarantee of a Nationalised Bank. 5] Learned counsel for the applicant submits that in view of the order dated 22/10/2010, the applicant will furnish the bank guarantee of a nationalized bank within a period of 4 weeks from today, for the amount (25%) already withdrawn by him by furnishing solvent surety, in pursuance of the order dated 11th June, 2009. The statement made by learned counsel for applicant is accepted. 6] It is made clear that the applicant will not be allowed to withdraw the remaining 50% amount out of the total amount of compensation, pending the hearing and final disposal of the First Appeal. In view of this order, the order dated 20th January, 2011 stands recalled. Civil application is accordingly disposed of. [R.M. BORDE, J.] [D.B. BHOSALE, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5049 OF 2011 IN FIRST APPEAL NO. 2982 OF 2008. Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4