: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. 1866 OF 2007 CIVIL APPLICATION NO. 1866 OF 2007 CIVIL APPLICATION NO. 1866 OF 2007 IN IN IN FIRST APPEAL NO. 3100 OF 2006 FIRST APPEAL NO. 3100 OF 2006 FIRST APPEAL NO. 3100 OF 2006 M/s. Efficient Construction ..Applicant Company (Ori.Respondent) versus The Managing Director CIDCO ..Respondent of Maharashtra Ltd. (Ori.Appellant) Mr. K. N. Kore for the Applicant / Orig. Respondent. Mr. G. S. Hegde for the Respondent / Original Appellant. CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & SMT. R. S. DALVI, JJ. SMT. R. S. DALVI, JJ. SMT. R. S. DALVI, JJ. DATE : 7TH JUNE, 2007. DATE : 7TH JUNE, 2007. DATE : 7TH JUNE, 2007. P.C. (IN CHAMBER) : P.C. (IN CHAMBER) : P.C. (IN CHAMBER) : 1. Heard Mr. Kore for the Applicant / Original Respondent and Mr. Hegde for the Respondent - Original Appellant, who is non-applicant in this application. 2. In this matter, we directed the respondent - original appellant to deposit the amount and had permitted the present applicant - original :2: respondent to withdraw the amount of Rs.12,14,020/-. By this Application, the Applicant / Original Respondent wants to withdraw an amount of Rs.5,09,895/- which is lying in the trial court, by way of interest. 3. This application was opposed by the Respondent / Original Appellant. However, looking to the facts of the case and also to the fact that the Applicant / Original Respondent has been allowed to withdraw an amount of Rs.12,14,020/-, we allow this application. 4. The Application is allowed. Applicant / Original Respondent will be entitled to withdraw Rs.12,14,020/- plus Rs.5,09,895/- against solvent surety to the extent of the amount withdrawn. Applicant / Original Respondent to give solvent surety within four weeks from today. If he fails to do so, the entire amount to be invested by the trial court in a Nationalised Bank for a period of three years. Application disposed of accordingly. Certified copy expedited. :3: (SMT. R. S. DALVI, J.) (D.G. DESHPANDE, J.) (SMT. R. S. DALVI, J.) (D.G. DESHPANDE, J.) (SMT. R. S. DALVI, J.) (D.G. DESHPANDE, J.)