(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 13312 of 2009 (In First Appeal No. 706 of 2005) M/s. Rashtriaya Chemical and Fertilizers Ltd., A Government Company incorporated under the Companies Act, having its registered office at "Priyadarshni", Eastern Express Highway Sion-Trambay Road, Mumbai 400 022, Through its Deputy Marketing Manager, who is duly empowered under the provisions of the Memorandum and articles of the Association by the Marketing Manager, .. Applicant Nandkishor s/o. Krishnrao Kamat, (Original respondent/ Age : 44 years, original plaintiff) Occupation : Service, R/o. Savedi, Lokmanya Nagar, Plot No.2, Ahmednagar. versus 1. Ramchandra s/o. Shankar Shete, Age : 60 years, Occupation : Business, R/o. Bajar Peth, Dharur, Taluka : Dharur, Dist. Beed. 2. M/s. Shri Ganesh Krupa Krushi Seva Kendra, Majalgaon, Taluka : Majalgaon, Dist. Beed, through Proprietor, Kishor Ramchandra Shete, Age : 40 years, Occupation : Business, R/o. Main Road, Majalgaon, Taluka : Majalgaon, Dist. Beed. (2) 3. Kishor s/o. Ramchandra Shete, .. Non-applicants Age : 40 years, (No.1 - Original Occupation : Business, appellant ) R/o. Majalgaon, Taluka : Majalgaon, Dist. Beed. ....................... Mrs. N.N. Gangwal, Advocate, for the applicant. Mr. Dalal, Advocate, holding for Mr. V.D. Salunke, Advocate, for non-applicant no.1. Appeal dismissed as against non-applicant nos.2 and 3. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 11TH JANUARY 2010 COURT'S ORDER : 1. By the present application, the applicant is seeking permission to withdraw an amount of Rs. 2,96,000/- which is deposited in this court by the respondent / appellant. 2. Perusal of the order dated 7th September 2009 reveals that by an order dated 2nd February 2009, this court had granted stay to the execution of the decree, on condition that the (3) appellant deposits fifty percent of the decretal amount in this court. As the non-applicant / appellant contended that fifty percent of the decretal amount is already deposited, this court directed the Taxing Officer to submit a report specifying therein, as to how much amount would be fifty percent of the decretal amount. According to the Taxing Officer's report, dated 4th September 2009, it has been informed that fifty percent of the decretal amount comes to Rs. 10,70,921/-. The appellant had deposited a sum of Rs. 7,75,000/- and hence this court directed the appellant to deposit the balance amount of Rs. 2,95,921/- in this court. The said balance amount came to be deposited, for withdrawal of which, the present application has been filed. 3. The applicant is a Government Company who is ready and willing to furnish bank guarantee. 4. In that view of the matter, we permit the applicant to withdraw the amount of Rs. 2,95,921/-, deposited by the non- applicant no.1, subject to furnishing of bank guarantee, to be kept alive during the pendency of the appeal. 5. The Civil Application is accordingly allowed and disposed of. (4) 6. Hearing of First Appeal No. 706/2005 is expedited. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca13312