*1* kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6/2010 IN ARBITRATION APPEAL NO.18/2009 M/s City Food Products and another. ..Applicants -Versus- Nitin Namdeo Kolhatkar. ..Respondent .... Mr.P.J.Pawar for the Applicants. Mr.N.P.Deshpande for the Respondent. .... CORAM : S.C.DHARMADHIKARI, J. Date : 18th June, 2010. P.C. 1 This Civil Application prays for extension of time to deposit the amount as directed by this Court in its order dated 13.11.2009. 2 No affidavit in reply has been filed. By consent of parties, the application is heard finally today. 3 On 30.04.2010 I had passed an order after hearing Shri Pawar and Shri Deshpande, recording the statement of the Applicant’s Advocate that they have deposited in this Court the sum of Rs.1,25,000/- and that balance of Rs.1,30,000/- would be deposited on or before 11.06.2010. On this statement, the application was adjourned till today. Shri Pawar states that the balance of Rs.1,30,000/- is also deposited in this Court. 4 Shri Deshpande appearing for the Respondent submits *2* that earlier sum deposited in this Court is permitted to be withdrawn on furnishing security to the satisfaction of the Registrar of this Court. Therefore, even further sum be permitted to withdraw on the same condition. He invites my attention to the order dated 13.11.2009 and states that the Court has granted liberty to apply for withdrawal of the amount. He further submits that in the light of the delay in depositing the amount by the Applicants, the Respondent would be prejudiced and since he is ready and willing to furnish the security to the satisfaction of this Court he may be permitted to withdraw the balance amount. 5 After hearing both sides, I am of the opinion that interest of justice would be served if time to deposit the amount is extended till today. The Application is made absolute accordingly. However, without prejudice to the rights and contentions of both sides and since partial withdrawal has been permitted, interest of justice would be further served if the balance amount is also permitted to be withdrawn on the same terms as are set out in the order dated 30.04.2010. 6 Civil Application is allowed in the above terms. Registry to act on an authenticated copy of this order. 7 Needless to state that interim order passed on 13.11.2009 by this Court to continue till disposal of the appeal but with modification as made in this order. No order as to costs. [ S.C.DHARMADHIKARI, J. ]