:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 5389 OF 2005 IN FIRST APPEAL NO. 1413 OF 2004 -------------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------- Mohan Bir Singh for the applicnt. Mr. A.B. Shinde for the respondent. CORAM : ANOOP V. MOHTA, J. DATE : 14.12.2005 . Considering the averments made, as appellant -original defendant No.3 has already deposited the amount, as directed by this Court, as a condition of a stay of money decree, the original plaintiff therefore, by this application praying to withdraw the said amount of Rs. 5,18,6386. Considering the controversy, the present application is allowed in :2: terms of prayer clause (a) on a condition of furnishing Bank Guarantee or such other security to the satisfaction of the trial court. In view of this, civil application is disposed of. (ANOOP V.MOHTA,J.]