1 caf1638-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.1638 OF 2009 IN FIRST APPEAL NO.1199 OF 2003 Rajesh Shantilal Chordiya .. Applicant V/s. M/s. Niwas Properties (India) Pvt. Ltd. .. Respondent ..... Mr. Niranjan Mogre h/f. Mr. S. M. Gorwadkar for the applicant. Mr. V. R. Kasle i/b. M/s. Ram & Co. for the respondent. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. P.C.:- Heard the learned counsel appearing for the parties. The learned counsel appearing for the applicant who is the original plaintiff (first respondent in the Appeal) pointed out that the order dated 29th April, 2008 was passed in Civil Application No.1598 of 2008 on the basis of the statement made by the respondent in this Civil Application (Appellant in the Appeal) that a sum of Rs. 6,00,000/- has been deposited by the Respondent in this Court. He pointed out the report of the Registrar Judicial – I which records that a sum of Rs.12,00,000/- has been deposited by the Respondent 2 caf1638-09 in this Court and the said amount has been invested in a fixed deposits. The Applicant is the original plaintiff in whose favour a money decree has been passed. The amount payable under the money decree is of Rs.5,18,369/- with interest at the rate of Rs.21% per annum on the sum of Rs.4,72,929/-. 2. The applicant has been already permitted to withdraw a sum of Rs.4,50,000/- under the order dated 29th April, 2008, subject to furnishing Bank Guarantee and undertaking as stated in the said order. 3. Considering the fact that the applicant has succeeded in obtaining money decree and considering the fact that the order dated 29th April, 2008 proceeds on the assumption that only a sum of Rs.6,00,000/- is deposited in this Court, permission deserves to be granted to the applicant to withdraw a reasonable amount. 4. Hence, application is disposed of by passing the following order : :: O R D E R :: i. In addition to the withdrawal permitted under 3 caf1638-09 order dated 29th April, 2008 passed in Civil Application No.1598 of 2008, the applicant will be entitled to withdraw a sum of Rs.3,50,000/- subject to furnishing adequate security for the said amount to the satisfaction of the Registrar Judicial-I of this Court. ii. The appellant in the First Appeal will be heard before accepting the security. iii. It is made clear that the condition imposed by the order dated 29th April, 2008 of furnishing Bank guarantee and an undertaking for withdrawal of the sum of Rs.4,50,000/- is maintained and the same is not modified. iv. Application is disposed of on the above terms. JUDGE