: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1335 OF 2010 IN FIRST APPEAL NO.2110 OF 2008 M/s.Gokul Beniram Rai & Anr. ... Applicants V/s. The Nashik Merchants Cooperative Bank ltd. ... Respondent Mr.M.M. Sathaye for Applicants Mrs.B.V. Garud for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: APRIL 12, 2010 P.C.: 1. The civil application has been filed for withdrawl of the decretal amount deposited in this Court by the appellant in the first appeal. 2. This application is opposed on behalf of the respondent bank by contending that the amount should be invested in a fixed deposit. 3. Considering the submissions and for the reasons stated in the civil application, it is allowed in terms of prayer clause (a) on the following conditions: (i) The decretal amount alongwith the accrued interest which has been deposited by the appellant i.e. the respondent herein shall be disbursed to the applicants in the present civil application subject to them furnishing a bank : 2 : guarantee for the entire amount within eight weeks from today. (ii) In the event, the applicants fail in the appeal they shall bring back the amount to this Court together with interest as quantified at the hearing of the appeal. 4. Civil application is disposed of in the above terms.