1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. NO. 705/09 IN FIRST APPEAL NO. 1059/08. MIDC .vs. Rizwanbai Hussain & others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : PRASANNA B. VARALE, J. DATED : MARCH 23, 2009. Heard Mr. S.P. Deshpande, learned Advocate for the applicant, Mr. Agnihotri, learned Advocate for the appellant and Mr. Thakare, learned AGP for respondent nos. 2 & 3. The appellant has already deposited the decretal amount in this Court in view of orders passed by this Court on 8.9.2008. The learned Advocate for the applicant/respondent no.1 submits that the applicant is facing financial hardship and as there is no other source of income, he is in dire need of the financial assistance. Mr. Agnihotri, learned Advocate for the appellant, opposes the application. In view of the submission made by the learned Advocate for the applicant and for the reasons stated in the application, the application is allowed. The applicant is permitted to withdraw the amount on usual conditions and also on submitting an undertaking before this Court to the effect that in case the appellant succeeds in the appeal, the respondent no.1, i.e. the applicant herein shall return the amount with 8% interest within a period of six weeks. J. JUDGE.