1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 1933/2009 IN FIRST APPEAL NO. 546 OF 2008 (The Chairman-cum-Managing Director, Rashtriya Papriyojana Nigam Ltd. vs. Anil B. Gangwani & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. AUGUST 12, 2009. Heard Shri Wachasunder, learned counsel for the appellant, Shri Aurangabadkar, learned counsel for respondent No.2 and Shri Dewani, learned counsel for respondents No. 1 & 3. Respondent No.2 has moved this application in pursuance of orders dated 27.11.2008 seeking leave to withdraw his proportionate amount out of total amount deposited. The total amount deposited is 56,14,092.20 paise and 1/3rd out of it is sought to be withdrawn. Respondents No. 1 & 3 who are the other shareholders therein, have given their no objection on affidavit by filing their reply. Shri Wachasunder, learned counsel who appears for the appellant states that the proportionate amount should not be allowed to be withdrawn and if any amount is allowed to be withdrawn, the Bank guarantee should be ordered to be furnished for the 2 entire amount as per orders dated 27.11.2008. However, we find that as 1/3rd amount is only being sought to be withdrawn, Bank guarantee to that extent should be furnished. Therefore, civil application is allowed and Respondent No.2 is permitted to withdraw 1/3rd of the amount, after furnishing bank guarantee in terms of orders dated 27.11.2008, within a period of one month from today. JUDGE JUDGE *GS.