1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1598 OF 2008. APPLICATION NO.1598 OF 2008. APPLICATION NO.1598 OF 2008. IN IN IN FIRST FIRST FIRST APPEAL NO.1199 OF 2003. APPEAL NO.1199 OF 2003. APPEAL NO.1199 OF 2003. Rajesh Shantilal Chordiya : Applicant. versus M/s.Nivas Proopreitors (India) Pvt.Ltd. & Anr. : Respondents. Mr.S.M.Gorwadkar for the applicant. Mr.R.D.Soni for the respondents. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : APRIL 29, 2008. : APRIL 29, 2008. : APRIL 29, 2008. P.C. P.C. P.C. 1. Rule. Rule returnable forthwith. 2. Heard the learned counsel for the applicant 2 as well as respondents. 3. This is an application filed by the applicant/original Respondent No.1 for withdrawal of the amount deposited by original appellant/Respondent No.1 herein. It is submitted by learned advocate Mr.Soni appearing for the Respondent No.1 herein that the Respondent No.1 has already deposited Rs.6,00,000/- in this Court. 4. After hearing the learned counsel appearing for the respective parties, I am inclined to allow the applicant to withdraw Rs.4,50,000/- by furnishing bank guarantee and the undertaking in this Court that in case the respondents succeed, the applicant will bring back this amount with interest to this Court. The Rule is made absolute to the extent above. The application is disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]