1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 2603/2009 IN FA NO. 676 OF 2009 (Maharashtra State Electricity Transmission Co. Ltd. vs. M/s. Ganesh Engineering Co.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. OCTOBER 07, 2009. Heard Shri Moharir, learned counsel for the appellant and Shri Kshirsagar, learned counsel for the applicant/ respondent. The appeal by original defendant challenges money decree. An amount of Rs.1,60,73,434/- has been deposited before this Court. The applicant/ respondent states that he should be allowed to withdraw Rs. 50 lakh. Shri Kshirsagar, learned counsel further states that the applicant is not in a position to give any security or bank guarantee because he is rendered broke in present litigation. Shri Moharir, learned counsel points out that according to the appellant no amount was due to the respondent and there was also no counter claim made. He, therefore, strongly opposes the prayer for withdrawal of amount. He, however, states that if any withdrawal is permitted, it should be subject to furnishing appropriate security. 2 In the circumstances, we permit the applicant/ respondent to withdraw an amount of Rs.50 lakh as prayed, however, subject to furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court. Civil Application is accordingly allowed. JUDGE JUDGE *GS.