((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.597 OF 2007 IN WRIT PETITION NO.1128 OF 2007 M/s.Polypharma Pvt.Ltd. Petitioner versus Rangnath S. Iyer Respondent Avinash Jalisatgi for petitioner. R.M.Pethe for R-1 in support of Motion. CORAM : A.M.KHANWILKAR, J. DATE : 09th January 2008 PC : 1. Heard counsel for the parties. By this motion the respondent prays that he may be permitted to withdraw a sum of Rs.3,37,776=90 Ps. deposited by the petitioner in this Court. After having considered the rival submissions I am inclined to accede to the request made on behalf of the applicant but on condition that the applicant, before withdrawing the amount, shall provide surety for the like amount and also give undertaking that in future if the applicant is required to reimburse the amount to the petitioner, shall do so within the time specified ((-2-)) MST by the Court and upon payment of interest up to 12% p.a. for the period during which the amount has been availed by the applicant. The undertaking on the above terms shall be filed within two weeks from today. Providing surety and filing of undertaking as aforesaid is pre-condition for allowing this motion in terms of prayer clause (a). Ordered accordingly. 2. In the event the respondent-applicant fails to provide surety for the like amount and written undertaking within specified time, the Prothonotary and Senior Master may take steps to invest the amount in appropriate fixed deposit scheme to avail of best interest returns and enure till hearing of the writ petition or till such other orders would be passed by the Court, whichever is earlier. (A.M.KHANWILKAR, J.)