1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application No.5957/2008 in First Appeal No. 139/2007 (MIDC .vs. Tukaram Domaji Ghuguskar) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Ms. A.S. Athalye, Advocate for Appellant. Mr. Khati, Advocate for Respondents 1 to 3. Mr. J.B. Jaiswal, AGP for Respondents No.4 to 6. .......... CORAM : K.J. ROHEE &, B.P.DHARMADHIKARI, JJ. DATED : OCTOBER 17, 2008 1. Heard counsel for the parties. 2. The claimants seek modification of the order dated 8.6.2007 on the ground that they are unable to furnish bank guarantee for 50 % of the amount deposited by the appellant. They further pray that they should be permitted to withdraw 50 % of the amount deposited by the appellant as they have furnished solvent surety to the extent of Rs.10 lacs. 3. Considering the circumstances of the case, we think it expedient to permit the claimants to withdraw 50 % of the amount as prayed for. 4. Liberty to move for withdrawal of the remaining 2 50 % of the amount after the claimants are in a position to furnish bank guarantee. Civil application is disposed of accordingly. JUDGE JUDGE halwai