1 81-caf.1037.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 1037 OF 2011 IN FIRST APPEAL NO. 1770 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms Poonam Mittal for the Applicant. Mr. R.A.Shah i/b M/s. Mansukhlal Hiralal and Company for Respondent No.1. Ms Pinki Bansali i/b Mr. A.A.Singh for Respondent No. 2. CORAM : A.S.OKA, J. DATE : 26 th September, 2011. P.C. . The learned counsel appearing for the Applicant states that the entire decretal amount has been deposited with the trial Court. 2 Respondent No.1 (original Plaintiff) deserves to be granted permission to withdraw the decretal amount on furnishing bank guarantee for the entire decretal amount to the satisfaction of the trial Court. 3 Hence, I pass the following order: i. Rule is made absolute in terms of 2 81-caf.1037.11 prayer clause (a) ; ii. The trial Court shall allow the original Plaintiff to withdraw the decretal amount subject to condition that the original Plaintiff shall furnish bank guarantee for the entire decretal amount to the satisfaction of the trial Court ; iii. Before accepting the the bank guarantee, the Applicant shall be heard by the learned trial Judge ; iv. If the bank guarantee is not furnished by the original Plaintiff within a period of six months from today, the trial Court shall invest the decretal amount in fixed deposit with any nationalized bank till the final disposal of the appeal. [ A.S.OKA, J ]