1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1737 OF 2009 IN FIRST APPEAL NO.1680 OF 2008 M/s.Sumit Engineering Construction Co. ..Applicants. Vs. The Member Secretary, Maharashtra Jeevan Pradhikaran & Ors. ..Respondents. Mr.G.S. Hiranandani i/b. Mr.C.G.Gavnekar for the Applicants. Mrs.Neeta Karnik for the Respondents. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 6TH MAY, 2009 P.C. :- Heard. 2. The Applicants pray for directions to allow or to withdraw the deposited amount of Rs.50,00,000/-. 3. First Appeal No.1680 of 2008 impugnes the decree passed by the learned Civil Judge, Senior Division, Sindudurg at Oros in Special Civil Suit No.123 of 1991. The said suit was filed by the present Applicant and as per the conditional order passed by this Court the Appellant has deposited an amount of Rs.50,00,000/- with the registry of this Court. 4. The Original Appellant has filed reply to this application and 2 submitted that the withdrawal could be permitted if the Applicant furnishes a bank guarantee to return the entire amount with interest,in case the Appeal succeeds. 5. The learned counsel for the Applicants has taken instructions and stated before us that the Applicants are ready and willing to furnish a bank guarantee to return the amount with interest. 6. The learned counsel for the Applicants further submitted that the deposited amount may be transferred to the trial Court so as to facilitate the Applicants to furnish the bank guarantee with the trial Court. 7. Hence, the application is allowed in terms of prayer clause (a), subject to the Applicants furnishing a bank guarantee of a nationalised bank and with a condition to return the amount with interest at 12% tentatively and subject to the final decision in the pending Appeal, including the rate of interest. 8. The registry to transfer the deposited amount to the Court of Civil Judge, Senior Division, Sindudurg at Oros, forthwith and the bank guarantee shall be furnished by the Applicants with the trial Court and, ofcourse, subject to its satisfaction. 9. The bank guarantee shall be renewed from time to time during the pendency of the Appeal and for a period of four weeks after the Appeal is decided. 10. Parties to act on an authenticated copy of this order. 11. Civil Application stands disposed of. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)