1 ca 1047.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1047 OF 2011 IN FIRST APPEAL NO. 2168 OF 2009 M/s. Shashi Constructions and others .. Applicants Versus The Chief Ex-Officer and Z. P. Beed and another .. Respondents Shri Girish K. Thigale (Naik), Advocate for Applicants. Shri N. L. Jadhav, Advocate for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA, J. DATE : 29TH APRIL, 2011. PER COURT : . This is an application for withdrawal of the amount. Shri Thigale, the learned counsel states that the amount includes the security deposits. According to Shri Thigale, the defence of the non applicants is about paucity of the funds. Shri Jadhav, the learned counsel disputes this position and states that in fact, the applicants themselves have stated in their application that their financial position is not good. So if the amount is allowed to be 2 ca 1047.11 withdrawn and subsequently if the appeal is allowed it will not be possible for the non applicants to recover the amount. Shri Jadhav also further states that the non applicants have good case on merits. 2. All the contentious issues would be gone into at the time of final disposal of the appeal. Today the decree is in favour of the applicants. At the same time, the interest of the non applicants would be required to be safeguarded. It would be in nobodies interest to keep the amount idle. In the light of above, I pass the following order. 3. The applicants are allowed to withdraw an amount of Rs. 21,00,000/- (Rs. Twenty One Lakh only) on furnishing solvent security of like amount. The applicants are also allowed to withdraw an amount of Rs. 20,00,000/- (Rs. Twenty Lakh only) on furnishing bank guarantee of any scheduled bank. The remaining amount shall be kept in the fixed deposit of any nationalized bank. The civil application according is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11