: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2303 OF 2009 IN FIRST APPEAL NO.1983 OF 2005 Dr.Vijay Apparao Kokane .. Appllicant V/s. Himmatlal Manaji Patel & Anr. .. Respondents ..... Mr. Ashutosh M. Kulkarni i/by Mr. A.P. Kulkarni for the applicant. Ms. Deepali Patil i/by for the respondent. ..... CORAM : R.Y. GANOO, J. DATE : 7TH JULY, 2009. P.C. : 1. By this application, applicant wants that the amount which is deposited by the respondents pursuant to the order passed by this Court in Appeal be permitted to withdraw the decreetal amount. I have heard learned advocates on both sides. Learned advocate Mr. Kulkarni submitted that he be permitted to withdraw the amount as against that learned advocate Ms. Patil vehemently opposed the said application contending that if the said amount is withdrawn and if the appellant is dismissed, the original respondents would be subjected to financial : 2 : loss and the respondents would find it difficult to recover the amount. Having considered the point involved, I am inclined to observe that the applicant can be permitted to withdraw the amount by furnishing the security to the satisfaction of the trial Court. Hence, the order. ORDER . The applicant is permitted to withdraw the amount which is deposited in the trial Court on furnishing security to the satisfaction of the trial Court. If the amount is already invested, the concerned Court shall redeem the fixed deposit and pay the interest to the applicant. . The said Court will obtain security in respect of entire amount which will be paid by the applicant. The present respondents would be able to advance their submission as regards the nature of security to be furnished by the present applicant. The applicant shall give notice as to when he shall be moving the trial Court to withdraw the amount. . Civil Application is disposed of in the above terms. There shall be no order as to costs. (R.Y. Ganoo, J.)