1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA No.5941/2009 in FA ST. NO.2478/1998. Office notes, office Memoranda of Coram, Appearances, Court s’ Orders or directions and Court’s or Judge’s Order Registrar s Orders.. ’ CORAM : K.U. CHANDIWAL, J. DATED : 24th JUNE, 2009 --- P.C.:- 1) Heard Counsel for the applicant-bank. 2) Special Civil Suit No. 152/1989 was filed by the bank, which came to be decreed by order dated 25th September, 1996, directing the defendant to deposit an amount of Rs. 7833.91 in lump sum within a period of three months from the date of decree, i.e. 25.9.1996. 3) The defendant preferred appeal before this Court, which was dismissed in default by order dated 3rd September, 2007. Restoration Application No.10462/2007 was moved, it was allowed by order dated 14.12.2007 by imposing condition on the defendant (appellant therein) to deposit an amount of Rs.78,000/- in 2 this Court within a period of three months, as a condition precedent. It was in this situation, the defendant (appellant) has deposited the amount of Rs.78,000/- in this Court, which the applicant-bank wants to withdraw. 4) By subsequent order, CA No. 905/1998 in first appeal came to be dismissed by order dated 26.9.2008 and the registration of the appeal was refused. It is thus apparent, the decree of the bank remained in tact as on today. There is no application seems to have been made by the appellant (original defendant). In this situation, the amount of Rs.78,000/-, deposited by the appellant (original defendant) can be allowed to be withdrawn by the bank. Hence, order : The Central Bank of India is allowed to withdraw amount of Rs. 78,000/- deposited by the defendant in this Court. Application allowed as above. (K.U. CHANDIWAL) JUDGE agp/bdv/ca5941.09