IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11008 OF 2009 IN FIRST APPEAL NO. 818 OF 2006 Amolkchand Birdichand Katariya ... Applicant Versus Berun services and others ... Respondents CORAM: R.G. Ketkar, JJ. DATE: 6th November, 2009 PER COURT : 1. Heard Shri. Gatne, learned counsel for the applicant in support of this application and Shri. R. M. Bharaswadkar, learned counsel for the respondent in this application and original appellant. 2. The applicant had instituted suit for recovery of Rs. 2,32,776.62 ps. The suit was decreed for amount of Rs. 1,29,525.15 ps together with interest @ 18% per annum. 3. The above Judgment and decree is challenged by way of First Appeal No. 818 of 2006. The appeal was admitted on 7th March, 2007 and stay to the execution of decree was granted on the condition that the opponent herein i. e. original appellant deposits decretal ( 2 ) amount before trial Court within a period of four weeks. The opponent/appellant has deposited Rs.1,29,525/- in the Court of Civil Judge (Senior Division) Beed in Special Darkhast No. 16 of 2003 on 3rd April, 2007. The applicant seeks permission to withdraw the said amount. 4. After hearing counsel for the parties, the application is allowed in terms of prayer clause (B). The applicant is allowed to withdraw the amount of Rs.1,29,525/- deposited by the opponent/appellant in the Court of Civil Judge (Senior Division) Beed in Special Darkhast No. 16 of 2003 subject to furnishing bank guarantee of Nationalized Bank within four weeks. The applicant will ensure that bank guarantee is kept alive during the pendency of First Appeal No.818 of 2006. ( R.G. Ketkar, J. ) 06.11.2009 SRM/*