1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.502 OF 2005 CIVIL APPLICATION NO.502 OF 2005 CIVIL APPLICATION NO.502 OF 2005 IN IN IN CIVIL APPLICATION NO.4103 OF 2003 CIVIL APPLICATION NO.4103 OF 2003 CIVIL APPLICATION NO.4103 OF 2003 IN IN IN FIRST APPEAL NO.1605 OF 2003 FIRST APPEAL NO.1605 OF 2003 FIRST APPEAL NO.1605 OF 2003 The Administrator/Commissioner Malegaon Municipal Corpn. Malegaon ...Applicant Vs. Madhulata Bhikaramsing Pardeshi & Ors. ...Respondents ----- Mr. S.M. Sabrad Adv. for Applicant Mr.Ahuja Adv. for Respondent Nos.1,2 and 3 Mr.K.K.Tated, A.G.P. for Respondent No.4 CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 23RD AUGUST, 2005 DATED: 23RD AUGUST, 2005 DATED: 23RD AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mr. Sabrad in support of this 1. Heard Mr. Sabrad in support of this 1. Heard Mr. Sabrad in support of this Application. Mr. Ahuja appears for Respondent Nos.1 Application. Mr. Ahuja appears for Respondent Nos.1 Application. Mr. Ahuja appears for Respondent Nos.1 to 3 and Mr. Tated, A.G.P. appears for Respondent to 3 and Mr. Tated, A.G.P. appears for Respondent to 3 and Mr. Tated, A.G.P. appears for Respondent No.4. No.4. No.4. 2. Mr.Sabrad states that now the amount has been 2. Mr.Sabrad states that now the amount has been 2. Mr.Sabrad states that now the amount has been deposited in the trial Court in pursuance to the order deposited in the trial Court in pursuance to the order deposited in the trial Court in pursuance to the order passed on 10th December 2004 and as per the extension passed on 10th December 2004 and as per the extension passed on 10th December 2004 and as per the extension granted on 28th February 2005. He is not pressing granted on 28th February 2005. He is not pressing granted on 28th February 2005. He is not pressing this application any more. this application any more. this application any more. 3. Mr.Ahuja applies that the amount be allowed to 3. Mr.Ahuja applies that the amount be allowed to 3. Mr.Ahuja applies that the amount be allowed to be withdrawn atleast in part without any Bank be withdrawn atleast in part without any Bank be withdrawn atleast in part without any Bank Guarantee. The order passed on 10th December 2004 was Guarantee. The order passed on 10th December 2004 was Guarantee. The order passed on 10th December 2004 was 2 passed after hearing Mr. Ahuja. This being so there passed after hearing Mr. Ahuja. This being so there passed after hearing Mr. Ahuja. This being so there is no need to modify that part. It will be open to is no need to modify that part. It will be open to is no need to modify that part. It will be open to the Respondents 2 and 3 to withdraw the deposited the Respondents 2 and 3 to withdraw the deposited the Respondents 2 and 3 to withdraw the deposited amount by giving Bank Guarantee of a Nationalised Bank amount by giving Bank Guarantee of a Nationalised Bank amount by giving Bank Guarantee of a Nationalised Bank to the satisfaction of the trial Court. to the satisfaction of the trial Court. to the satisfaction of the trial Court. . Civil Application disposed off. . Civil Application disposed off. . Civil Application disposed off. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)