1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13295 OF 2011 IN FIRST APPEAL STAMP NO.12875 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.D.R.Jaybhar, learned counsel for the applicant. Mr.A.M.Ambhore, learned counsel for respondent no.2. CORAM : A.V.POTDAR, J. DATE : 15/11/2011 Heard learned counsel for the applicant. Issue notice to respondents. Mr.Ambhore accepts notice for respondent no.2. By this application, the claimant in M.A.C.P.No.109/2007 against whom the appeal is preferred before this Court, has prayed to allow to withdraw the amount deposited by respondent no.2 in this Court. For the facts stated therein, the applicant is permitted to withdraw 50% of the amount deposited by the applicant by executing undertaking to that effect and without 2 furnishing any security to that effect and the applicant is allowed to withdraw the balance 50% amount on furnishing bank guaranty to the satisfaction of Registrar of this Court and on giving undertaking to this Court to repay the amount withdrawn by him subject to the final decision in the appeal. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/Nov. 2011/ca13295-11