1 25 caf.1571.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1571 OF 2011 IN FIRST APPEAL NO. 656 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S.Patwardhan for the Applicants. Mr. Pratap Patil i/b Mr.V.P.Sawant for the Respondent. CORAM : A.S.OKA, J. DATE : 21 st July, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 The decretal amount has been deposited in this Court and the same has been invested in the fixed deposit. In terms of the liberty granted to the Applicants by the Division Bench of this Court, the present application has been made for withdrawal of the amount. Considering the findings recorded by the trial Court, permission will have to be granted to withdraw a sum of Rs.15,00,000/- with interest thereon at the rate of 6% per annum from the date of the suit subject to furnishing adequate security for the said 2 25 caf.1571.11 amount. 3 Hence, the application is disposed of by passing the following order: i. The Applicant No.2 is permitted to withdraw a sum of Rs.15,00,000/- with interest thereon from 21 st August, 2007 at the rate of 6% per annum till the date of the deposit of the said amount in this Court subject to furnishing adequate security for the said amount to the satisfaction of the Registrar Judicial – I of this Court ; ii. The Respondent will be heard by the Registrar Judicial – I of this Court before accepting the security ; iii. If necessary, the Registrar Judicial – I of this Court will order premature encashment of the fixed deposit ; and iv. After withdrawal of the amount, the balance amount shall be invested till the final disposal of the appeal. [ A.S.OKA, J ]