1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 5657 of 2008 IN First Appeal No. 240 of 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R.Borkar and A.V.Nirgude, JJ. Date: 14th October 2009 1. Heard Shri V.D.Salunke, Advocate, with Shri Milind Patil, Advocate for the applicant, Smt.R.K.Ladda, A.G.P. for Respondent Nos. 1 and 2, Shri R.P.Phatake, Standing Counsel for Respondent No.3. 2. Perused the earlier order passed on 15.12.2006 in Civil Application No. 10383 of 2006, so also judgment delivered by the III Joint Civil Judge, Senior Division, Aurangabad, in Special Suit No.146 of 2004 decided on 2 2.12.2005. Already by order dated 15.12.2006 passed in above said C.A. No.10383 of 2006, an amount of Rs. 11,40,005/= was allowed to be withdrawn on simple undertaking by the plaintiff- decree holder 3. In the facts and circumstances and considering that, it is the balance amount towards goods i.e. various instruments of information technology supplied by plaintiff-applicant to education institutions under the scheme floated by the Central Government and implemented by the State Government, We direct that the balance amount remaining with the court, which is deposited by the State including interest accrued thereon be paid to the applicant on furnishing solvent security with a surety in the like amount. Application disposed of. (A.V.Nirgude,J.) (P.R.Borkar, J.) 14.10.2009 pnd/ca5657.08 3 1