1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3337 OF 2009 IN FIRST APPEAL NO. 1290 OF 2005 Mahavir Sales Corporation … Applicant. Versus M/s Gaurishanker Process & Ors. .… Respondents. Mr. R.R. Singh for Applicant. Mr. Virendra Pethe i/b B.D. Joshi for Respondents No. 1,2 and 3. Mr. Nilesh Masurkar i/b Mr. Nitin Gangal for Respondent No.4. CORAM: R.S. MOHITE, J. DATED: 5TH FEBRUARY, 2010. P.C. 1 This Application is for review of an order dated 3rd June, 2008 by which the Applicant was allowed to withdraw the amount deposited subject to furnishing bank guarantee and giving an undertaking to return the money with 12% interest, in case, the Appellant succeeded in the Appeal. It appears that he has not been able to file bank guarantee and seeks dilution of the terms. Taking into the facts that the applicant has succeeded in the suit, in my view the Application can be allowed. 2 2 It is directed that the applicant will be permitted to withdraw the amount deposited by the opponent No. 1 to 3 subject to furnishing security to the satisfaction of the trial court by giving two undertakings. The first undertaking to be given by him will be that he will not create any third party rights in respect of security which he will offer and which is accepted by the trial Court and the second undertaking will be that he will return the amount along- with 12% interest within two weeks of the judgment and order, in case, the Appellant succeeds in the Appeal. The amount to be withdrawn will stand as charge on the securities which are offered. 3 The Application stands disposed off in the aforesaid manner. (R.S. MOHITE, J.)