1 109 fa.300.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 300 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.V.Chatuphale for the Appellant. Mr. Rajiv Patil i/b Mr. Onkar Warange for Respondent Nos.1 to 3 and 5 to 7. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Admit. Printing is dispensed with. The learned counsel appearing for Respondent Nos. 1 to 3 and 5 to 7 waives service. 2 To be heard alongwith First Appeal No. 1229 of 2009. 3 Requisite number of copies of private paper-books including the copies for the Respondent/s shall be filed by the Appellant/s within a period of one year from today. If compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the Court. [ A.S.OKA, J ] 2 109 fa.300.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4742 OF 2009 WITH CIVIL APPLICATION NO. 4324 OF 2010 IN FIRST APPEAL NO. 300 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.V.Chatuphale for the Appellant/ Applicant in CA No. 4742 of 2009 and for the Respondent in CA No.4324 of 2010. Mr. Rajiv Patil i/b Mr. Onkar Warange for Respondent Nos.1 to 3 and 5 to 7 in CA No.4742 of 2009 and for the Applicant Nos. 1 to 3 and 5 to 7 in CA No.4324 of 2010 CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The Appellant has deposited the decretal amount in this Court. Hence, prayer clause (b) of Civil Application No. 4742 of 2009 will have to be granted. The original plaintiff will have to be permitted to withdraw the amount on furnishing security. 3 Hence, I pass the following order: i. Civil Application No.4742 of 2009 is allowed in 3 109 fa.300.11 terms of prayer clause (b) ; ii. The decretal amount deposited by the Appellant in this Court shall be permitted to be withdrawn by the original plaintiff subject to the original plaintiff furnishing adequate security for the entire decretal amount to the satisfaction of the Registrar Judicial-I of this Court ; iii. The Appellant – defendant shall be heard before accepting the security ; iv. Civil Application No. 4324 of 2010 is disposed of in above terms. [ A.S.OKA, J ]