1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR C.A. No.5679/06 in FA No.374/2006 -------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. ---------------------------------------------------------------------------------------------------- CORAM : A.P. Lavande, J . Dated : September 14, 2006 Heard Mr. Patil, learned counsel for the appellant and Mr. Mehadia, learned counsel for the respondent. By this application, the respondent seeks withdrawal of the amount of Rs. 8,00,000/- deposited by the appellant pursuant to order passed by this Court. Having heard learned counsel for the parties, the respondent is permitted to withdraw the amount of Rs. 8,00,000/-upon furnishing bank guarantee of any Nationalised Bank for an amount of Rs. four lakhs and upon furnishing security for the balance amount of Rs. four lakhs to the satisfaction of Registrar (J) of this Court. In 2 the event the appeal is wholly or partly allowed the respondent shall refund the amount due in terms of the decree passed by this Court with interest thereon @ 9% p.a. within a period of three months from the date of decree. The respondent shall keep bank guarantee alive during the pendency of the appeal and three months thereafter. Application stands disposed of. JUDGE A. 3