1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4375 OF 2009 IN FIRST APPEAL NO.4174 OF 2008 Sangamner Bhag Sahakari Sakhar Karkhana Ltd., Sangamner Applicant Versus Food Corporation of India Respondent WITH CIVIL APPLICATION NO.4381 OF 2009 IN FIRST APPEAL NO.4177 OF 2008 Sangamner Bhag Sahakari Sakhar Karkhana Ltd., Sangamner Applicant Versus Food Corporation of India Respondent Mr.R.N.Dhorde, advocate for the applicant. Mr.Milind Patil, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: 1 These are applications seeking withdrawal of amount of Rs. 3,50,000/- and Rs.2,50,000/-, respectively. 2 The trial Court has granted decree in favour of the applicant. Decree is in respect of recovery of amount payable by the defendant towards goods received. 3 Considering all relevant circumstances, I am of the opinion that the applicants, who has supplied the goods, are entitled to receive amount of 2 the price thereof. In this view of the matter, during pendency and disposal of appeals, applicants are entitled to withdraw the amount deposited by appellant / Respondent herein. 4 Both the applications are, thus, allowed. Applicants shall be permitted to withdraw amount of Rs.3,50,000/- and Rs.2,50,000/-, respectively, on furnishing bank guarantee for the like amount. (R.M.BORDE) JUDGE ******* adb/ca437509 3 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4374 OF 2009 IN CIVIL APPLICATION NO.12668 OF 2008 IN FIRST APPEAL NO.4174 OF 2008 Food Corporation of India Applicant Versus Sangamner Bhag Sahakari Sakhar Karkhana Ltd., Sangamner. Respondent WITH CIVIL APPLICATION NO.4379 OF 2009 IN CIVIL APPLICATION NO.12665 OF 2008 IN FIRST APPEAL NO.4177 OF 2008 Food Corporation of India Applicant Versus Sangamner Bhag Sahakari Sakhar Karkhana Ltd., Sangamner. Respondent Mr.Milind Patil, advocate for the applicant/s. Mr.R.N.Dhorde, advocate for Respondent/s. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: Learned Counsel for the applicant states that applicant does not want to press the applications. In view of this, Civil Applications stand disposed of. (R.M.BORDE) JUDGE ******* adb/ca437409