1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO: 5320/2007 IN FIRST APPEAL NO: 458/2007 (Western Coalfields Ltd. vs. D. Baia alias Devendrakumar Baid) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. Mr. Samudra Adv. for applicant Mr. M.P.Khajanchi Adv.for Respondent CORAM: A.P.LAVANDE & R.V.MORE, JJ. DATED: 02.08. 2007. *** 1. Heard counsel for respective parties. 2. By this application, the respondent seeks withdrawal of amount of Rs. 9,25,901/- deposited by the appellant pursuant to order of stay of the decree passed by this Court in an appeal preferred by the appellant. 3. Having heard learned counsel for the parties and having considered respective submissions, we allow respondent to withdraw the said amount subject to following conditions:- 2 (i) Respondent shall furnish bank guarantee of any nationalised Bank in respect of 50 % of the amount and furnish security to the satisfaction of the Registrar (J) of this Court in respect of balance 50 % of the amount., (ii) Respondent shall keep the bank guarantee alive during pendency of First Appeal No. 458/2007 and for a period of thee months after its disposal. (iii) In case the appeal is wholly or partly allowed, respondent no.1 shall deposit the amount due in this Court within a period of 12 weeks from the date of judgment with interest thereon at the rate of 9% per annum an shall file an undertaking to that effect before withdrawal of the amount. The application stands disposed of accordingly. JUDGE JUDGE sahare