(1) CA. 3754.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLIATION NO. 3754 OF 2009 IN SECOND APPEAL NO. 302 OF 2007 M/s. Kailash Agencies Ltd. .. Applicant (orig. respondent) VERSUS Seamless Autotech Pvt. Ltd. .. Respondent (Orig. appellant) Mr. S.G. Dodya, Advocate for the applicant Mr. Amol Gandhi, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 8TH JANUARY, 2010 PER COURT:- 1] Heard. The applicant/original respondent seeks withdrawal of the amount which the appellant deposited in this appeal which impugns a money decree. As per the money decree, the appellant now owes Rs.3,02,2000/- with interest to the respondent. After the appeal was filed, the appellant was directed to deposit the amount in the trial Court. 2] Since both the parties are traders and manufacturers, the amount deposited in the Court, should be made available to them for their business purpose. But the respondent is entitled to atleast 50% of the amount which the appellant deposited, on furnishing surety for the said amount. (2) CA. 3754.2009 3] Hence order: I] 50% of the deposited amount be paid to the applicant/original respondent on their furnishing solvent surety of the said amount to the satisfaction of the lower Court. The lower Court is directed to invest the remaining amount with any nationalised bank as fixed deposit for a period of one year initially and thereafter it shall be extended till the First Appeal is decided. Civil Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp