1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 433 OF 2010 IN FIRST APPEAL NO. 352 OF 2009 Yunuskhan Ayubkhan Pathan … Applicant. Versus Dattatraya Govind Kharote .… Respondent. Mr. Rameshwar N. Gite for Applicant. Mrs. Smita Gaidhani for Respondent. CORAM: R.S. MOHITE, J. DATED: 5TH FEBRUARY, 2010. P.C. 1 This Civil Application is for withdrawal of the amount which is deposited in this Court. After hearing both sides, in my view, the Civil Application can be disposed of by permitting the Applicant to withdraw the amount subject to giving solvent security to the satisfaction of the Registrar (Judicial). In addition to giving the solvent security, he will also give two undertakings before being permitted to withdraw the amount. The first undertaking will be that in respect of the security which he offers he will not create any 2 third party rights. The second undertaking which he will have to file will be that in case the Appellant succeeds in the Appeal, the amount which is permitted to be withdrawn will be returned with interest at the rate of 12% within one week from the date when the Appeal is allowed. Both these undertakings to be filed in this Court within a period of two weeks from today. 2 Civil Application stands disposed of. (R.S. MOHITE, J.)