1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.163 OF 2008 IN FIRST APPEAL NO.386 OF 2007 M/s. Baban Engineering & Welding Works ... Applicant. V/s Gurudatta Sugars Ltd. .... Respondents. ---- Mr. N.V. Walawalkar i/b R.M. Momin for the applicant. Mr. M.L. Patil for the respondents. ---- CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 15 th January, 2008. P.C.: Civil Application is disposed of in the following terms:- (i) The trial court shall permit the plaintiffs/respondents in appeal to withdraw the amount which is deposited by the appellant/defendant on furnishing Bank Guarantee of a Nationalised Bank to the satisfaction of the trial court and on filing an undertaking in the trial court but undertaking to this Court to redeposit the amount if so directed by this Court and on such terms and 2 conditions as may be directed by this Court. Withdrawal of the amount be permitted within a period of four weeks from today. If the amount is not withdrawn within this period, it be invested in a fixed deposit of a Nationalised Bank to the credit of the appeal. (D.K. DESHMUKH, J.) (V.M. KANADE, J.) 3