IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.127/2009 IN WRIT PETITION NO. 3386/08 [Gondia Zilla Dugdha ..vs.. Liladhar Agrawal] ===================================== CORAM: S.R. DONGAONKAR, J. DATE:2.2.2009 . Heard Shri Khapre, Advocate for the petitioner and Shri Bhandarkar, Advocate for respondent. This is an application of the respondent/ applicant to withdraw the amount deposited by the petition. Petitioner objects the said claim stating that whole of the arbitration proceedings were without jurisdiction inasmuch as the agreement is not signed by the person authorised. Petitioner states that the petition may be heard on merits, before allowing this application, as it can be considered along with the petition. In these circumstances of the case, amount is allowed to be withdrawn, on respondent's furnishing bank guarantee of any nationalized equivalent to the amount in question. It transpired from the record that only amount of rupees three lacks has been deposited, as such said amount may be paid to the respondent by account pay cheque on furnishing bank-guarantee of nationalized bank of rupees three lacks, to the satisfaction of the Registrar of this Court. Application stands disposed of. It is made clear that the respondent shall keep the bank guarantee alive till these proceeding is disposed of. JUDGE smp.