1 C.A. No.12779 .10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12779 OF 2010 ( Ramchandra Krishnaji Dane V. The State of Maharashtra & Ors ) in FIRST APPEAL NO. 26 OF 2007 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. Heard. 2. This is an application for withdrawal of amount. 3. Shri Gandhi, learned counsel for the applicant, states that in fact the stay is vacated, as the State had not deposited the amount within the stipulated period. The State has deposited the amount after lapse of stipulated period. 2 C.A. No.12779 .10 4. Be that as it may, the amount is lying idle in this Court. Taking into account the order passed by the Reference Court, it would not be appropriate to allow applicant to withdraw the total amount. 5. In the result, I pass following order. ORDER A. The applicant is allowed to withdraw 25% of the amount on furnishing undertaking that in the event the appeal is allowed the applicant shall re-deposit the amount within one month. B. The applicant is also allowed to withdraw 25% of the amount on furnishing solvent security of the like amount. Remaining 50% amount be kept in fixed deposit in any Nationalized Bank. 6. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM* 3 C.A. No.12779 .10