: 1 : caf-2664-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2664 OF 2011 IN FIRST APPEAL NO. 431 OF 2010 IN SPECIAL CIVIL SUIT NO. 05 OF 2002 Mohanbbhai Makanbhai Tandel .. Applicant v/s. Blossom Industries Ltd. & Ors. .. Respondents ......... Mr. J.P. Cama, Sr. Counsel with Mahesh Londhe i/b Sanjay Udeshi & Co. for the applicant Mr. Rafiq Dada, Sr. Counsel i/b Maneksha & Setha for the respondents ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 5th AUGUST, 2011. P.C. : 1. This application is filed by the decree holder praying for withdrawal of the amount deposited by the judgment debtor / appellant in this Court in terms of order dated 8th April, 2010. It is common ground that the applicant / decree holder did not take steps to withdraw the amount within time specified in the order dated 8th April, 2010. Accordingly, the amount deposited by the appellant / judgment debtor has been invested by the Registry in appropriate fixed deposit scheme. : 2 : caf-2664-11=.doc No fault can be found with the Registry in that behalf. Be that as it may, the question is whether the applicant / decree holder should be permitted to withdraw the decreetal amount deposited by the appellant in this Court. 2. We may accept that request provided, the decree holder is to furnish adequate solvent security for the like amount and also file affidavit of undertaking in this Court that if the appeal preferred by the judgment debtor succeeds, the entire amount withdrawn by him in terms of this order, will be redeposited in the Court along with the loss of interest for withdrawal of the deposit and / or future interest thereon till the amount is realised from the judgment debtor, as may be awarded by the Court which will not be less than the rate of interest on the invested amount by the Registry. The applicant / decree holder undertakes to abide by this condition. Such undertaking be filed in the Registry. Filing of affidavit of undertaking and furnishing solvent security will be condition precedent to allow the applicant to withdraw the amount in question. 3. Application disposed of in the above terms. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)