1 C.A. No. 2764.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2764 OF 2011 (Narsimhal Construction Pvt. Ltd. V. The State & ors ) in FIRST APPEAL NO. 2439 OF 2010 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 : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. The non-applicant has deposited the amount of Rs. 9,27,783/- (Rs. Nine lakhs twenty seven thousand seven hundred eighty three). 3. Shri Singh, learned counsel for applicant submits that an amount of Rs. 2 C.A. No. 2764.11 87,408/- (Rs. Eighty seven thousand four hundred eight) has been deposited less, by the non-applicant. 3. The matter is regarding contractual obligations inter-se between the parties, First Appeal is admitted. It will be in nobodies interest to keep the amount idle. At the same time, the interest of the non- applicant will also have to be safeguarded. 4. In the result, I pass following order. ORDER A. The applicant is allowed to withdraw an amount of Rs. 5,00,000/- (Rs. Five lakhs) on furnishing solvent security of the like amount. Remaining amount shall be kept in fixed deposit in any Nationalized bank. B. The non-applicant shall also deposit remaining amount of Rs. 87,408/- (Rs. Eighty seven thousand four hundred eight) 3 C.A. No. 2764.11 within a period of eight weeks from today. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*