1 (CAS 1887 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1887 OF 2010 IN SECOND APPEAL NO.221 OF 2009 Bhikaji Navaji Moshe ...Applicant Vs. Chander Navji Moshe ...Respondent ----- Mr.Sagar Kasar for Applicant Mr. Sandeep Shinde for Respondent No.1 ----- CORAM: V.M. KANADE J. DATED: 18TH JANUARY, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant. By this application, the Applicant is seeking modification of the condition imposed by this Court by order dated 9th March, 2010. By the said order, the Applicant was directed to furnish the bank guarantee for the decreetal amount within a period of 12 weeks. It was further observed that if the bank guarantee is not given, the security given by the Trial Court stand discharged. It is submitted that on account 2 (CAS 1887 of 2010) of financial constraints, the Applicant could not furnish the bank guarantee. It was also submitted that the Applicant ailing continuously for a period of four years. 2. On the other hand, the learned counsel for the Respondents submitted that the money decree has been passed against the Applicant and, therefore, the Applicant could be directed either to furnish the bank guarantee or to deposit the entire decreetal amount. 3. In my view, taking into consideration the peculiar facts and circumstances of the case and on account of the financial constraints of the Applicant as mentioned by him in his application, the order dated 9th March, 2010 is modified and the Applicant instead of furnishing bank guarantee shall furnish the security of Rs. 2,00,000/- to the satisfaction of the Additional Registrar (Judicial) within a period of eight weeks from today. 3 (CAS 1887 of 2010) Hearing of the Second Appeal is expedited. Civil Application is disposed of. Place the Second Appeal under the caption of direction on 1st February, 2011 in the meantime execution proceedings are stayed. (V.M. KANADE J.)