1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.960 of 2010 In First Appeal No.171 of 2010 (Lokmat Newspaper Pvt. Ltd. v. Shri Rajendraprasad s/o Madhoprasad Shukla) --------------------------------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Firdos Mirza, Advocate for Appellant. Shri L.H. Kothari, Advocate for Respondent. Coram : C.L. Pangarkar, J. Dated : 3 rd May, 2010 Heard the learned counsel for the appellant, and the learned counsel for the respondent. The respondent has applied for withdrawal of the amount deposited by the appellant towards the decree passed against the appellant. It appears from the memo of appeal that the decree is in respect of the amount, which was in deposit. The learned counsel for the appellant submits that the appellant has also to recover the amount of Rs.2,73,060/- from the respondent and he had also filed the suit and, therefore, this amount should not be paid. It appears that the suit filed by the present appellant has been dismissed and the appeal is admitted. In any case, the amount is lying with the appellant. In the circumstances, it is directed that the said amount be paid to the respondent. The respondent to furnish solvent surety to the satisfaction of the Registrar (Judicial) of this Court with the undertaking that if the decision of 2 the appeal goes against him, he shall re-deposit the said amount in this Court within two months with interest thereon at the rate of 6% per annum. The application is disposed of accordingly. Judge. pdl