1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 2541 OF 2009 IN FIRST APPEAL NO. 149 OF 2006 (VIDC .v. Khushal Gulabchand Chandak and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.V. Palshikar, Advocate for the appellant. Shri J.J. Chandurkar, Advocate for the respondent No.1/applicant. Shri D.P. Thakre, AGP for the respondent Nos.2 and 3. CORAM : PRASANNA B. VARALE, J. 26TH FEBRUARY, 2010. Heard. This is an application moved by the respondent No.1 seeking withdrawal of the amount which is deposited by the appellant as well seeking certain modification in the order dated 10th September, 2009. This Court, vide order dated 10th September, 2009, allowed the withdrawal of fifty per cent of the amount which was deposited by the appellant/VIDC on furnishing bank guarantee and solvency to the satisfaction of the Registrar (Judicial) of this Court. Learned Counsel for the applicant (respondent No.1) submitted that the applicant is in need of the amount for financial assistance but is unable to comply with the direction in respect of furnishing bank guarantee. It was further submitted that the applicant will furnish solvency to the satisfaction of Registrar (Judicial). Reply to the said application is filed by the appellant/ VIDC. Today pursis is filed by the applicant which is taken on record. In view of the submissions made by the learned Counsel for the applicant and the pursis filed by the applicant, the order dated 10th September, 2009 is modified to the effect that the 2 applicant be permitted to furnish solvency to the satisfaction of the Registrar (Judicial) and he is allowed to withdraw fifty per cent amount which is deposited by the appellant in view of the order dated 10th September, 2009. Civil Application is allowed in terms of prayer clause (i) and (ii). JUDGE *rrg.