1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2443 OF 2010 IN CROSS OBJECTION ST. NO. 5047 2009 I.N FIRST APPEAL NO. 757 OF 2008 Rajaram Shankar Salunke .. Applicant V/s. The Executive Engineer, PWD & Anr. .. Respondents. Mr. S.V. Sadawarte for the Applicant. Smt. C.V. Sonawane, AGP for Respondent Nos. 1 and 2. CORAM : A.M. KHANWILKAR AND A. A. SAYED , JJ. DATED : 19TH JULY, 2010. P.C. 1 Heard the learned Counsel for the parties. By this application it is prayed that the condition imposed by this Court of furnishing "bank guarantee" to the satisfaction of the trial Court to enable the applicant to withdraw the remaining decretal amount in terms of clause (ii) of the order dated 17th April, 2008, be modifed to furnishing of "solvent security". It is submitted that offering bank guarantee may require the applicant to comply with the requirements of the bank, including of depositing substantial 2 amount. In that case, the applicant at the end of it may not be getting amount at all. Instead the applicant is willing to furnish solvent security. In the interest of justice we have no hesitation in allowing this request of the applicant. In the circumstances, the condition mentioned in clause (ii) of the order dated 17th April, 2008 shall stand modified to "solvent security" instead of "bank guarantee". Rest of the conditions of the said order to remain as it is. In addition to secure the interest of the appellant, we direct the applicant to file undertaking in this Court as condition precedent for withdrawal of the amount to the effect that in case the Court so directs, the applicant and all persons claiming through the applicant shall bring back the amount with interest, if so ordered by the Court. Application is disposed of in the above terms. (A.A.SAYED,J.) (A.M. KHANWILKAR, J.)