274caw939.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.W.No.939/09 in WRIT PETITION NO.3132/04 (D) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A. P. Bhangale, JJ. Date : 27/04/2009. Heard Mr. Mohta, Adv. for petitioner, Mr.A.M.Quazi, Adv. for respondent no.1 and Mr. V. G. Bhangde, Adv. for respondent nos. 2 and 3. Civil Application No.939 of 2009 is moved by respondent no.3 seeking permission for substitution of security. Counsel for respondent no.3 has submitted that, as per the order dt. 19.8.2004 passed by this Court in Writ Petition No. 3132 of 2004, security in the form of residential house was furnished. It is prayed that permission to withdraw said security with liberty to furnish security in the form of fixed deposit to the extent of Rs.75,000/- may be granted. Counsel for Respondent No.1/Maharashtra State Electricity Board does not have any objection in this regard and prayed that the fixed deposit which respondent no.3 (applicant) 274caw939.09.sxw 2 . will be furnishing will be maturing on 9.2.2012 and therefore, respondent no.3 may be directed to keep it renewing till Writ Petition No. 2907 of 1994 is finally decided by this Court. In view of above referred facts, particularly, since the Counsel for respondent no.1 does not have any objection in this regard, we allow the Civil Application and permit the applicant in the Civil Application to substitute security by furnishing fixed depot to the tune of Rs.75,000/- before the Additional Registrar (Judicial) within a period of two weeks. It is made clear that unless the Security in the form of fixed deposit is furnished, earlier security in the form of house already furnished will not be permitted to be withdrawn. We direct respondent no.3 (present applicant) to renew the fixed deposit on its expiry and keep on renewing the same till the petition is finally decided. Failure to renew the fixed deposit within time, shall result in vacating the interim order without reference to the Court. With these observations, the Civil Application is disposed of. JUDGE JUDGE jais