: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.429 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.R.K. Sharma for the Petitioner. Ms.Ranjana Parikh for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 19TH NOVEMBER, 2008. P.C. : 1. Rule and heard finally. 2. There is considerable delay in seeking to have the order dated 27.8.2007 reviewed. However considering the fact that the Petitioner is a Government corporation and considering the statements made, I intend modifying the order slightly. 3. It is pertinent to note that by the said order the Respondents have been : 2 : permitted to withdraw a part of the amount without furnishing any security for the same. A mere statement on the Petitioner’s behalf recorded in the impugned order that the rate ought not to be more than Rs.5/- per sq.ft. does not by itself constitute an admission. In the circumstances, I am inclined to modify the order dated 27.8.2007 as follows :- i). The Petitioner shall be at liberty to furnish a bank guarantee of a nationalized bank for the entire decretal amount within twelve weeks from today. The bank guarantee shall also include interest at 10%. The rate of interest is ad-hoc and shall be subject to the final orders passed by the lower Appellate Court. In the event of the bank guarantee being furnished as aforesaid, the Petitioner shall be entitled to withdraw the amounts deposited in the trial Court less a sum of Rs.3,00,000/-. ii). This amount of Rs.3,00,000/- the Respondents shall be entitled to withdraw only for the purpose of payment of court : 3 : fees. The trial Court shall issue a cheque in the said sum of Rs.3,00,000/- on behalf of the Respondents but drawn in favour of the Registrar, Small Causes Court, Bombay for the purpose of court fees.