0805fa430.08.sxw 1/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAC NO. 970/2009 IN FIRST APPEAL NO. 430 OF 2003 The State of Mah.and another vs. Vasant Chpde Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. SB Ahirkar, AGP for the appellants. Mr. Abhay Sambre, Adv. for respondent. CORAM: S. A. BOBDE & F. M. REIS, JJ. DATED : 8TH MAY, 2009. Heard. There is no dispute regarding the averments made in the application that the marriage of applicant/respondent’s daughter is fixed. Hence, in view of order of this Court dated 11/6/2007, learned Counsel for the applicant/respondent seeks to withdraw balance 50% of the amount. The learned A.G.P. has not pointed out any reason why the amount should not be allowed to be withdrawn. In the circumstance, the balance 50% amount is allowed to be withdrawn on applicant/respondent’s furnishing undertaking within two days that he will bring back the amount in case the appeal is decided against him. The withdrawal shall be subject to the applicant/respondent furnishing surety to the satisfaction of the Registrar within a period of eight weeks from today. The amount shall be released to the applicant on his furnishing undertaking and shall be liable to be recalled in case the appeal is decided against him. JUDGE JUDGE wwl