1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8196 OF 2009 IN FIRST APPEAL STAMP NO. 21015 OF 2007 Mahendra Pyarelal Sadane, Age : 45 Years, Occu. : R/o Professor Vasahat, Behind Vidyavardhani College, Sakre Road, Dhule, District Dhule. .. .. Applicant Versus Sanjay Subhash Bafana, Age : 31 Years, Occu. : Business, C/o Paras Spun Pipes Company, Gat No. 448, Near Javahar Mahila Soot Girini, Ajang, Taluka and District Dhule. .. .. Respondent Shri P. D. Bachate, Advocate for the Applicant. Shri S. V. Gangapurwala, Advocate for the Respondent. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 28TH AUGUST, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. This is application for withdrawal of the amount which is deposited in this Court. 2 2. The application is vehemently opposed by Shri Gangapurwala, learned counsel for the respondent. However, taking into consideration that, the appeal is against money decree, we are inclined to allow the application. The applicant is permitted to withdraw the amount deposited in this Court on filing undertaking that in the event, if at the stage of final hearing of the appeal it is found that, the amount withdrawn by the applicant is more than that to which he is entitled he shall refund the said amount. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09