1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6816 OF 2008 IN FIRST APPEAL NO. 224 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 29/10/2010 PER COURT : 1. This is an application for withdrawal of amount. 2. The applicant is the original plaintiff, whose Suit came to be decreed for the amount of Rs. 1,81,518.75 with interest @ 9 % per annum. The defendant has assailed the said Judgment and decree in the present First Appeal. 3. Mr. Kutti, the learned counsel for the respondent resists the application on the ground that the appellant has got strong case on merits and if the amount is allowed to be withdrawn and the Appeal is allowed, it will not be possible for the appellant to recover the amount. 2 4. The decree is in favour of the present applicant. The amount deposited by the present non applicant is also part of the amount of the decree. It will be no use keeping the amount idle. At the same time, the said amount will have to be safe-guarded. 5. In light of the above, the applicant is allowed to withdraw the amount of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand only ) with interest deposited by the non applicant on furnishing the solvent security of the like amount. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 6816.09 in FA 224.05