*1* chs.398.08.ss.167.06.906.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.398 OF 2008 IN SUMMARY SUIT NO.167 OF 2006 Kali Mullah Khan. ..Plaintiff -versus- M/s Sana Exports and Imports. ..Defendants ............ Mr.R.R.Arolkar, for the Plaintiff. Mr.S.L.Kanuga, for the Defendants. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 14th November, 2011. P.C.: 1 It is stated that the Plaintiff is desirous of withdrawing the amount deposited in this Court by the Defendant at the time of granting conditional leave to defend. However, the Registry is not permitting withdrawal because the Registry insists that the Plaintiff must furnish the security in the form of a bank guarantee of the nationalized bank and then withdraw the amount. 2 After hearing Mr.Arolkar and perusing with his assistance the relevant orders, I am of the opinion that the Registry is right in insisting on the Plaintiff to furnish the security in the form of a bank guarantee. No third party security can be accepted in the peculiar facts of this case. 3 Therefore, if the Plaintiff is desirous of withdrawing the sum, he must furnish the bank guarantee of nationalized bank and it is only then he can be permitted to withdraw the sum. The Chamber Summons is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)