IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6642 OF 2007 APPLICATION NO.6642 OF 2007 APPLICATION NO.6642 OF 2007 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders ..................................................... ............................................. ............................................. Ms.Suvarna Ms.Suvarna Ms.Suvarna Telgote for Applicant Telgote for Applicant Telgote for Applicant Mr.C.S.Joshi Mr.C.S.Joshi Mr.C.S.Joshi for Respt no.1 for Respt no.1 for Respt no.1 Coram: Coram: Coram: A.S.Oka, J A.S.Oka, J A.S.Oka, J Date: Date: Date: 20th December, 2007 20th December, 2007 20th December, 2007 1. 1. 1. Heard advocates appearing for Heard advocates appearing for Heard advocates appearing for the the the parties. Present Application parties. Present Application parties. Present Application has has has been filed by the Original been filed by the Original been filed by the Original Plaintiff Plaintiff Plaintiff (Respondent in Ist (Respondent in Ist (Respondent in Ist Appeal) Appeal) Appeal) seeking permission to seeking permission to seeking permission to withdraw withdraw withdraw a sum of Rs.2,00,000/- a sum of Rs.2,00,000/- a sum of Rs.2,00,000/- deposited deposited deposited by the respondents in by the respondents in by the respondents in this this this Court. Learned Advocate for Court. Learned Advocate for Court. Learned Advocate for the the the applicants (Respondent in applicants (Respondent in applicants (Respondent in Appeal) Appeal) Appeal) submits that the submits that the submits that the applicant applicant applicant is ready to furnish is ready to furnish is ready to furnish bank bank bank guarantee for a sum of guarantee for a sum of guarantee for a sum of Rs.2,00,000/- Rs.2,00,000/- Rs.2,00,000/- and subject to and subject to and subject to furnishing furnishing furnishing bank guarantee the bank guarantee the bank guarantee the amount amount amount may be permitted to be may be permitted to be may be permitted to be withdrawn. withdrawn. withdrawn. In view of this In view of this In view of this statement, statement, statement, there will be there will be there will be sufficient sufficient sufficient protection for the protection for the protection for the respondents. respondents. respondents. Hence, application Hence, application Hence, application is is is disposed of by passing the disposed of by passing the disposed of by passing the following following following order : order : order : ORDER ORDER ORDER The The The Registrar (Judicial-I) Registrar (Judicial-I) Registrar (Judicial-I) will will will permit the applicant permit the applicant permit the applicant (Respondent (Respondent (Respondent in Ist Appeal) to in Ist Appeal) to in Ist Appeal) to withdraw withdraw withdraw a sum of Rs.2,00,000/- a sum of Rs.2,00,000/- a sum of Rs.2,00,000/- deposited deposited deposited by the respondent by the respondent by the respondent (Appellant (Appellant (Appellant in Ist Appeal) subject in Ist Appeal) subject in Ist Appeal) subject to to to furnishing bank guarantee in furnishing bank guarantee in furnishing bank guarantee in the the the sum of Rs.2,00,000/-. The sum of Rs.2,00,000/-. The sum of Rs.2,00,000/-. The respondent respondent respondent will be heard by the will be heard by the will be heard by the Registrar Registrar Registrar (Judicial-I) before (Judicial-I) before (Judicial-I) before accepting accepting accepting the bank guarantee. the bank guarantee. the bank guarantee. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)