-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3431 OF 2008 IN SUIT NO. 2392 OF 2004. Bajaj Hindustan Ltd. ..Plaintiff. Versus Jayantilal Khandwala & Sons Pvt. Ltd & Ors. ..Defendants. Mr. Zal Andhyarjuna a/w Ms. Ranju Yadav i/b M/s. Dhru & Co., for the plaintiff. Mr. Vivek Kantawala i/b M/s Kantawala & Co. for the defendant nos.1 & 3. Mr. Amit Vyas i/b M/s. Rajani & Associates for the defendant nos. 2 & 4. Coram : R. V. MORE, J. Date : January 21, 2010. P. C. : 1. Heard learned counsel for the respective parties. This notice of motion is taken out by the plaintiff seeking permission to withdraw the sum of Rs. 1 crore which the defendants have deposited in this Court pursuant to the order dated 3rd April 2006 passed by this Court (Coram: Nishita Mhatre, J.) in the Summons for Judgment no. 836 of 2004 2. Mr. Zal Andhyarjuna, learned counsel appearing on behalf of the plaintiff after arguing the matter for sometime made a statement that the plaintiff is ready and willing to furnish guarantee of nationalised bank as condition precedent for withdrawal of the above amount. Learned counsel for the defendant has no objection if the above said amount is allowed to -: 2 :- be withdrawn by the plaintiff after furnishing bank guarantee of a nationalised bank. In above circumstances, notice of motion is disposed of by passing the following order. : O R D E R : (i) The plaintiff is permitted to withdraw an amount of Rs. 1 crore alongwith interest accrued thereon, which the defendants have deposited pursuant to the order dated 3rd April 2006 passed in Summons for Judgment No. 836 of 2004, subject to condition of furnishing bank guarantee of a nationalised bank for the said amount within the period of two weeks from today. (ii) It is made clear that if within the stipulated period the bank guarantee is not furnished, the permission granted to the plaintiff to withdraw the aforesaid amount shall stand withdrawn. (R.V. MORE, J.)