1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1657 OF 2010 IN FIRST APPEAL NO.1471 OF 2009 Gordhandas Ramdas Morparia .. Applicant V/s Mrs.Bhanumati Narottamdas & Ors. .. Respondents Ms.Sukeshi Bhandari for the Applicant. Mr.V.P.Savant i/by M/s.Rustomji & Jinwala for Res.Nos.1 to 3. CORAM : R.G.KETKAR, J. DATE : 15th June, 2010 P.C. : 1. This application is for withdrawal of the amount of Rs.35,000/- deposited by the Respondents herein pursuant to the order dated 5th October, 2009 alongwith the interest. 2. Heard the learned counsel for the parties. The learned counsel for the applicant states that the applicant is ready and willing to furnish the Bank Guarantee of the Nationalised Bank, and prays for withdrawal of amount of Rs.35,000/- 3. Mr.Savant, learned counsel for the Respondents states that pursuant impugned judgment and decree the applicant has levied attachment, and the amount of Rs.4174/- from the salary for the month of September were deducted by the School Authorities where the Respondent No.2 is working. The said amount is lying in the office of Sheriff of Mumbai. He therefore prays for permission for withdrawal of the said amount. Hence, Civil Application is disposed of in the following terms: (i) On the condition of the Applicant furnishing Bank Guarantee of the 2 Nationalised Bank in the sum of Rs.35,000/-, Applicant is permitted to withdraw the amount of Rs.35,000/- lying in this Court. (ii) Respondent No.2 is permitted to withdraw Rs.4174/- lying in the office of Sheriff of Mumbai, unconditionally. 4. Civil Application stands disposed of in the aforesaid terms, with no order as to costs. (R.G.KETKAR, J.)