1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1192 of 2010 IN FIRST APPEAL NO. 1623 of 2008 WITH FIRST APPEAL NO. 1623 of 2008 M/s. Maheshwari Fabrics ....Applicant Vs. J.D. Enterprises & anr. ....Respondents Mr. H.P. Venegaonkar, advocate for the applicant. Mr. P.M.Arjunwadkar, advocate for respondents. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 23, 2010. P.C. This Application is filed by the decree holder for permission to withdraw the amount. Decretal amount is deposited by the Judgment debtor in this Court. We have no hesitation in allowing this Application in terms of prayer clause (b) on condition that the Applicant-decree holder shall furnish commensurate Bank guarantee. In addition, the Applicant-decree holder shall file undertaking in this Court to the effect that in the event the Court so directs, the amount withdrawn by the Applicant will be brought back alongwith interest as may be specified by the Court at the appropriate stage of Appeal. Only on complying with the above 2 conditions, the Applicant would be entitled to withdraw the amount referred to in prayer clause (b) alongwith accrued interest thereon. 2. Application disposed of on the above terms. 3. In so far as Appeal is concerned, the requirement of printing of paper- book is dispensed with on condition that the Appellants shall file Additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower Court. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non prosecution without further reference to the Court. As soon as the paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of Roznama is dispensed with as the same will be available in the original record at the time of hearing. (A.A.SAYED, J) (A.M.KHANWILKAR, J)