1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.11706/2010 IN FIRST APPEAL NO. 818/2006 _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. A.B. Gatne, Advocate, for applicants. Mr. R.N. Bharaswadkar h/f Mr.M.M. Patil (Beedkar) for respondent No.1. Date : 13th August, 2010 1 Heard. 2 Perused the record. Although the Bank guarantee furnished by the respondent is valid till 31/12/2010, in view of the undertaking given by the respondent to the lower Court, to keep the Bank guarantee alive till disposal of the appeal, the learned judge of the lower Court should have accepted the guarantee and should have disbursed the amount deposited by appellants. The learned Civil Judge (Senior Division) has committed gross error in refusing to disburse the amount. The application is allowed. 3 The learned Civil Judge (Senior 2 Division), Beed shall disburse the amount on the basis of this Bank guarantee which will expired on 31/12/2010. The undertaking given by the respondent to continue the Bank guarantee till the disposal of the appeal is accepted. [A.V. NIRGUDE, J.] tsk/