IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION CIVIL APPLICATON No. 5587 OF 2008 IN CIVIL APPLICATION NO. 3848 OF 2008 IN FIRST APPEAL No. 1433 OF 2008 Tejonil Enterprises ... Applicant Vs Paranjape Scheme (Construtions) ... Respondent Pvt. Ltd. WITH CIVIL APPLICATION No. 5588 OF 2008 IN FIRST APPEAL No. 1434 OF 2008 Shri Tejkumar Bhandari ... Applicant Vs. Paranjape Schemes (Constructions) Pvt. Ltd. ... Respondent *** Mr. S. P. Kadam, for the Applicant in both applications. Mr. A. P. Vanarse, for the Respondent in both applications. CORAM: A. P. DESHPANDE, J. DATED: JANUARY 20, 2009. P.C.: ---- . This Court while admitting both the appeals vide order dated 22nd July, 2008 directed the Judgment - 2 - debtor to deposit the entire decreetal amount in this Court, the decree being money decree. Pursuant to the order dated 22nd July, 2008, the appellant has deposited the entire amount. By the present applications, the applicant/decree holder seeks permission to withdraw the amount. The learned counsel appearing for the respondent/appellant in the appeals, does not oppose the application and further submits that the original respondent/decree holder should furnish a bank guarantee of a nationalised bank, so that amount withdrawn is secured. In the result, both Civil Applications are allowed. The applicants/ decree holder is permitted to withdraw the amount, deposited by the appellants, subject to furnishing of bank guarantee, which would cover entire amount, of a nationalised bank, before withdrawing the amount. 2. The bank guarantee shall be kept alive till decision of the appeals. It is undisputed that appellant has deposited Rs.10,000/- over and above the amounts, directed to be so deposited by this Court by way of abundant precaution. On the oral request made, appellant is allowed to withdraw the said amount of Rs.10,000/- in both matters. Thus, after permitting withdrawal of Rs.10,000/- each in both appeals, by the - 3 - appellants, the respondent is permitted to withdraw the balance amount, subject to conditions set out hereinabove. 3. Both the Civil Applications are accordingly disposed of. Sd/- [ A. P. DESHPANDE, J.]