1 C.A. No. 9098.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9098 OF 2009 (M/s. R.K. Patel & Co. Tobacco Manufacturers, Dhulia V. Shri Rajdhar Kalu Patil @ Patel & ors ) in FIRST APPEAL NO. 4393 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 29th APRIL, 2011 PER COURT : 1. This is an application for withdrawal of the amount of Rs. 3,00,000/- (Rs. Three lakhs) deposited by the applicants, pursuant to the order passed by the District Court in an appeal. 3. Shri Deshmukh, learned counsel for the applicant submits that the present applicant has deposited an amount of Rs. 3,00,000/- (Rs. Three lakhs), pursuant to 2 C.A. No. 9098.09 the order passed by the District Judge-1, Amalner, Dist. Jalgaon dated 1st October, 2008, by way of security. The said suit was disposed of and in the final decree the present applicants are not made liable to pay the said amount. In the present appeal earlier Civil Application was moved and this amount was called in this Court. The issue of the applicants entitlement to withdraw the amount was kept open. Shri Deshmukh, learned counsel for the applicants contends that the said amount was deposited by way of security and in the final order no directions are given by the Court, making the present applicant liable to pay any such amount, nor the plaintiffs were held entitled for the said amount. As such, the present applicants have every right to claim refund of the said amount. 4. This Court while admitting the appeal had passed the speaking order, wherein the applicants are directed to deposit Rs. 3 C.A. No. 9098.09 1,00,000/- (Rs. One lakh) per month, and even a reference is made to the order passed by the trial Court, in para No. 11 of the order dated 17th December, 2008, admitting the appeal. 5. Shri Vakil, learned counsel for the original plaintiff opposes the application, and submits that at the time of final decision of the appeal, a decision can be taken about disbursement of the said amount. The said amount was deposited by way of adhoc arrangement in compliance of term No. 7 of the agreement. 6. The First Appeal is pending for final disposal. The applicants are already depositing Rs. 1,00,000/- (Rs. One lakh) per month, pursuant to the order passed by this Court. As far as amount of Rs. 3,00,000/- (Rs. Three lakhs) deposited before the Trial Court is concerned there are no orders showing entitlement of the plaintiff to receive the said amount, nor 4 C.A. No. 9098.09 there is any specific order regarding the manner in which the said amount would be dealt with. It would also be in nobodies interest to keep the amount idle in the Court. 7. In the result, I pass following order. ORDER A. The applicant is allowed to withdraw Rs. 3,00,000/- (Rs. Three lakhs) deposited pursuant to the orders passed by the District Judge-1, Amlaner, dated 1st October, 2008 which has been called before this Court on furnishing solvent security of the like amount. 8. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM* 5 C.A. No. 9098.09