1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1690 OF 2010 IN FIRST APPEAL NO.727 OF 2009 Mrs.Veena Gul Chainani. ....Applicant. Vs. Bank of India. ....Respondent Mr.G.S.Godbole i/b. Siddharth R. Ronge for applicant. Ms. Ucha Shrivastav i/b. M/s. Consulta Juris for Respondent. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JULY 7, 2010 P.C. 1. Heard Counsel for the parties. The appeal is directed against money decree passed by the trial Court against the Appellant Bank. The trial Court has decreed the suit filed by the Respondent by directing the Appellant Bank to pay Rs.34,55,583/- to the Respondent/Plaintiff with further interest on the principal amount at the rate of 6% on the principal amount from the date of the suit i.e. 1st July, 2006 till its realisation. It is not in dispute that the Appeal is already admitted. Besides, the Appellant has deposited the decretal amount in this Court. By the present application, the Plaintiff prays for withdrawal of the said 2 amount. 2. This application is resisted by the Bank on the argument that the amount involved in this suit is a disputed claim and since the appeal is already admitted, the applicant/plaintiff should not be permitted to withdraw the said amount. It is further submitted that the applicant/plaintiff is free to withdraw the deposit lying with the bank in the sum of Rs.37,87,479/-, which is undisputed amount, subject to however, complying with the usual formalities. 3. Objection for permission to withdraw the decretal amount pressed into service, in our opinion, is devoid of merits. The fact that there is some deposit of the Plaintiff lying in the Appellant Bank does not disentitle the Plaintiff to withdraw the amount deposited in this court towards decretal amount in the proceedings, which have been decided in favour of the Plaintiff by the trial Court. In the circumstances, we have no difficulty in acceding to the request of the Plaintiff for permission to withdraw the amount, but that would be on condition that the Plaintiff shall offer commensurate solvent security for the like amount and in addition, file undertaking in this court that as and when the Court directs the applicant/plaintiff or any person claiming through her shall bring back the amount, which is withdrawn alongwith interest, as may be ordered by 3 the Court at the appropriate stage. 4. Only on complying of the above two conditions, the Plaintiff would be free to withdraw the decreetal amount deposited in this court by the Appellant Bank. We are imposing the above conditions so as to ensure that the amount withdrawn by the Plaintiff would become available to the Court as and when required and in particular, because of apprehension entertained by the Appellant Bank that the Plaintiffs is a non-resident Indian and recovery of the amount from the applicant may become difficult. 5. We are informed by the Counsel for the Appellant Bank that the requisite amount towards income tax dues in terms of the decree has already been deducted and certificate to that effect will be made over to the applicant. 6. Application disposed of on the above terms. (A.A.SAYED, J) (A.M.KHANWILKAR, J)