1 43 caf.2199.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2199 OF 2011 IN FIRST APPEAL NO. 572 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. Sangramsinh Yadav for the Applicant. Mr. N.N.Bhadrashete for the Respondent. CORAM : A.S.OKA, J. DATE : 16 th June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 This application for withdrawal of the decretal amount has been opposed by the learned counsel appearing for the Respondent. The Respondent is the Appellant – original defendant. 3 Permission deserves to be granted to the Applicant to withdraw the decretal amount subject to furnishing adequate security. The learned counsel appearing for the Respondent submits that considering the fact that the Applicant is a sugar factory, withdrawal can be allowed only subject to furnishing bank guarantee of a nationalized bank. Suffice it to observe that the Applicant will have to 2 43 caf.2199.11 furnish adequate security. The Respondent can always point out to the Registrar Judicial – I of this Court that the security offered by the Appellant is not adequate and the Applicant must furnish bank guarantee. The Registrar shall decide the question as to what is the adequate security. 4 Subject to what is observed above, the application is disposed of by passing the following order: i. The Applicant is permitted to withdraw the decretal amount on furnishing adequate security for the entire decretal amount to the satisfaction of the Registrar Judicial ­ I of this Court ; ii. The Respondent/Appellant will be heard before accepting the security. [ A.S.OKA, J ]