1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.8525/2007 IN WRIT PETITION NO.1723 OF 2006 (M/s. Somras Distillers vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 21, 2008 Heard Shri Dangre, learned Counsel for the petitioner, and Shri Jichkar, learned Assistant Government Pleader for the respondents. Civil Application No. 8525/2007 is moved by the petitioner seeking modification of condition imposed by this Court while issuing interim order whereby petitioner is directed to furnish Bank Guarantee of rupees ten crores. Shri Dangre, learned Counsel for the petitioner, states that properties of petitioner are already attached by the respondents and if the petition fails, it will not be difficult for the respondents to recover the amount by putting 2 the immovable properties to auction. It is submitted that it is extremely difficult for the petitioner to furnish Bank guarantee of rupees ten crores. The learned Counsel, therefore, prays for modification of the said condition. Shri Jichkar, learned Assistant Government Pleader submits that this Court passed a detailed order on 11.9.2007 after hearing the learned Counsel for the petitioner as well as considering pros and cons and issues involved in the present petition and, therefore, there is no occasion now to modify the condition. It is submitted that auction of the property of the petitioner is scheduled to be held today. In the backdrop of the above referred facts, particularly reasons given in the interim order passed by this Court, according to us, no case is made out for showing indulgence. The civil application is, therefore, dismissed. JUDGE JUDGE khj