1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.1309 of 2010 In Civil Application No.12734 Of 2005 In Second Appeal No.1731 Of 2005 Kantabai Abasaheb Bhos. ... Applicant. Versus Protech Engineers & Contractors. ... Respondent. -------- Shri. R.R. Karpe, Advocate for the applicant. Shri. R.N. Dhorde, Advocate for respondent. -------- CORAM: R.M. BORDE, J. DATE: 29th JANUARY 2010 PER COURT : 1) Heard respective counsel for the parties. 2) This is an application seeking withdrawal of the amount of Rs.1,14,000/- deposited by the appellant in this Court. 2 It is contended that the applicant was successful in both the Courts below and as such he is entitled for withdrawal of the amount. The prayer made by the applicant for withdrawal of the amount is opposed by the appellant contending that the appellant has good case on merits. 3) Considering the rival contentions and for ensuring recovery of the amount it would be appropriate to impose condition while permitting the applicant to withdraw the amount. In this view of the matter, I pass following order. 4) The application presented by the applicant is allowed. The applicant shall be permitted to withdraw an amount of Rs. 1,14,000/- (Rupees one lakh fourteen thousand only) deposited by the appellant 3 in this Court on furnishing bank guarantee for the like amount. The civil application stands disposed of. (R.M. BORDE, J.) rsl/ ca.1309.10