1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6306 OF 2009 IN FIRST APPEAL NO. 389 OF 2009 Narsimha Constructins Private Ltd. .. APPLICANT VERSUS The State of Maharashtra & another .. RESPONDENTS Shri J.N. Singh, Advocate for the applicant. ===== CORAM : R. M. BORDE, J. DATE : 24 th July, 2009 PER COURT : 1 This is an application seeking withdrawal of amount deposited in this court by the appellants / respondents herein. 2 Suit presented by the applicant / original plaintiff claiming recovery of Rs.7,60,405/- came to be decreed and the defendants / respondents herein are directed to pay the aforesaid sum alongwith future interest at the rate of 9% per annum from the date of the suit till realisation. On presentation of the appeal, while considering the application for interim relief, this court has granted stay on condition of deposit of the amount. Accordingly, respondent / State has deposited amount of Rs.7,85,333/- in this court. Applicant states that an amount of Rs.4,14,760/- is recoverable towards 2 security deposit whereas an amount of Rs.1,31,000/- is recoverable towards interest. So far as security deposit amount is concerned, there can be no impediment in permitting the applicant to withdraw the same. Moreover, the respondents in their written statement have not denied liability in respect of refund of security deposit. In this view of the matter, application deserves to be allowed partly. Applicant is permitted to withdraw an amount of Rs. 4,15,000/- on furnishing solvent security for the like amount. Balance of the amount shall be invested in fixed deposit initially for a period of three years and the fixed deposit receipt shall be renewed every year until disposal of the appeal. Civil application stands disposed of. ( R. M. BORDE, J.) dyb/office/ ca6306.09.odt