MC 2141/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Bora, learned counsel for the applicant as well as Mr. G.N. Sa hewalla, learned Sr. counsel appearing for the opposite party. The applicant, who is the respondent in the connected RSA No.68/2009, ha s filed the present application for allowing them to withdraw the 50% of the dec retal amount as deposited by the present opposite party pursuant to the order da ted 24.04.2009 passed in Misc. Case No.962/2009 arising out of RSA No.68/2009. It appears that the present opposite party, who is the appellant in the connected second appeal, lost in both the courts and the Money Suit for Rs.4,52, 656/- with interest has been decreed, against which though a Money Appeal was pr eferred, the same was also dismissed. Thereafter the present opposite party file d the second appeal, which has already been admitted for hearing. One of the contentions of the opposite party in the written statement wa s that the applicant’s agent has withdrawn the entire money due and payable to t he applicant. The said plea, however, has not been accepted by the learned court s below. Be that as it may, since a money decree has been passed and keeping in v iew the findings recorded by the learned courts below while decreeing the suit o f the present applicant, I am of the view that the applicant be allowed to withd raw the amount deposited by the opposite party herein pursuant to the aforesaid order dated 24.04.2009 passed in Misc. Case No.962/2009 arising out of RSA No.68 /2009, subject to furnishing bank guarantee for the said amount for a period of 5(five) years in favour of the opposite party. The Trial Court shall release the said amount only after furnishing such bank guarantee from a nationalized bank having branch at Tinsukia. Misc. case stands disposed of.