: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3145 OF 2009 IN FIRST APPEAL NO.1077 OF 2004 Vijaya Builders & Developers .. Applicants V/s. Dahe Vibhag Adivasi Jungle Kamgar Sahakari Society Ltd. .. Respondents Mr. M.L. Patil for the Applicants. Mr. R.S. Datar for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 14 TH OCTOBER, 2009. P.C.: 1. The Civil Application has been filed by the applicants, i.e. the respondents in the First Appeal, for withdrawal of the amount deposited by the respondents-appellants. This amount is the decretal amount of Rs.10,40,980/- inclusive of the interest awarded by the trial court. 2. An affidavit has been filed by the respondents through its Chairman contending that the Society, in fact, has over paid the applicants-respondents and, therefore, no amount is payable to the : 2 : respondents i.e. the applicants herein. This submission and averment is, in my opinion, on the merits of the case. Today there is a decree in favour of the respondents-appellants and the amount has been deposited as directed by this Court. 3. For the reasons stated in the Civil Application, it is allowed. The applicants are permitted to withdraw the decretal amount of Rs.10,40.980/- deposited in Special Darkhast No.105 of 2007 pending before the Civil Judge, Senior Division, Thane on condition of furnishing a bank guarantee for the like amount within a period of eight weeks from today. The applicants shall ensure that the bank guarantee is kept alive during the pendency of the First Appeal. 4. The Civil Application is disposed of. .......