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.103 OF 2007. APPLICATION NO.103 OF 2007. APPLICATION NO.103 OF 2007. IN IN IN SECOND SECOND SECOND APPEAL NO.1609 OF 2005. APPEAL NO.1609 OF 2005. APPEAL NO.1609 OF 2005. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri M.M.Sathaye for the Applicant. Shri Hardas i/by Shri P.N.Joshi for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 07th February, 2008. : 07th February, 2008. : 07th February, 2008. P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. Heard advocates appearing for the parties. The amount deposited by the respondents in terms of order dated 29th June, 2006 is pending with the trial Court. The applicant has offered to secure the amount by way of bank guarantee in case he is permitted to withdraw the said amount. The application is opposed by the advocate for the respondents. 2. If the amount is secured by a bank guarantee, in case the respondent succeed in the appeal, the amount can be always brought back. : 2 : 3. Hence, the application is allowed in terms of prayer clause (a) subject to condition that the applicant will furnish bank guarantee of any nationalised bank in the sum of Rs.60,000/-. The trial Court will hear the respondents before accepting the bank guarantee. Judge. Judge. Judge.