1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4381 of 2008 IN FIRST APPEAL NO. 997 OF 2011 The State of Maharashtra .. Applicant Versus Devishankar Ratnaji Vyas (Since deceased, through legal heirs) Ramesh Devishankar Vyas & Others ...Respondents CIVIL APPLICATION NO. 2310 of 2011 IN CIVIL APPLICATION NO.4381 OF 2008 IN FIRST APPEAL NO. 997 OF 2011 Devishankar Ratnaji Vyas (Since deceased, through legal heirs) Ramesh Devishankar Vyas & Others .. Applicant Versus The State of Maharashtra ...Respondents Mrs.S.V.Sonawane, AGP for State Mr.P.N.Karlekar, for Respondents in C.A.4381 of 2008 and for Applicants in C.A.2310 of 2011. 2 CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 25th JULY, 2011. P.C. 1. Considering the fact that the appellants have already deposited the decreetal amount in the trial Court, interim relief as prayed in terms of prayer clause (b) is granted. That shall continue till the disposal of the appeal. 2. Counsel appearing for the respondent-claimants states on instructions that the respondents are willing to furnish full bank guarantee of nationalized bank as condition precedent, for permission to withdraw the decreetal amount deposited by the appellants in the trial court. 3. Considering the fact that there are too many respondents and it may become difficult for the appellants to secure the amount from the respondents, in the event the appellants were to succeed. the respondent claimants are permtited to withdraw the decreetal amount on furnishing bank guarantee of commensurate amount, which will 3 be valid for the initial period of 10 years, to be renewed from time to time, till the disposal of the appeal, whichever is earlier. 4. This indulgence is shown on respondents-claimants filing affidavit of undertaking to the effect that, in the event they are required to bring back the entire amount or part thereof, as the case may be, would do so as per the directions of the Court, including to pay interest thereon as may be specified by the Court. 5. Both the applications are disposed of in above terms. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)