IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3768 OF 2008 IN FIRST APPEAL NO. 379 of 2005 FIRST APPEAL NO. 379 of 2005 FIRST APPEAL NO. 379 of 2005 Shri SubhashRamkrishna Udapi Since deceased through legal heirs: Shri Kishore S. Udapi & Ors. ... Applicants Versus Shri Sudhir Vasantrao Deshpande & Ors. ... Respondents Mr. Priten P.Killedar, Advocate, for the applicants. Mr. Nilesh Bhutekar, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th September,2008 DATE: 5th September,2008 DATE: 5th September,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for both the sides. 2. By an order dated 8.9.2006 in C.A.No.3754 of 2006, the applicants, who are the original plaintiffs and respondents in this Appeal, were permitted to withdraw an amount of Rs.1,18,000/- deposited with the trial Court on furnishing bank guarantee of any Natinoalised Bank. 3. The learned Counsel for the applicants states that it is impossible to obtain the bank guarantee of a Nationalised Bank unless the equivalent amount is deposited with the Bank and if it is so, the very purpose of withdrawal of the amount would be frustrated. Therefore, he seeks the condition of furnishing of bank guarantee to be relaxed. The learned counsel for the respondent/original defendant has no objection provided some security is given to the satisfactiion of the Court. 4. Therefore, this Application is allowed. The order dated 8.9.2006 stands modified as follows :- The applicants are permitted to withdraw the amount of Rs.1,18,000/- from the trial Court on furnishing security to the satisfaction of the trial Court with an undertaking that in case they are required, they shall bring back the amount. The Application stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)