1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 3102/2010 IN First Appeal No. 831/2009 (V.I.D.C. VERSUS Anil Khushalchand Chandak & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Palshikar, counsel for the appellant/Non-applicant. Shri J.J. Chandurkar, counsel for the R-1/Applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 20 , 2010 . Heard the learned counsel for the parties. Perused the order passed by this Court on 19.03.2010 as also on 01.12.2010. While passing the order dated 01.12.2010 on C.A.F. No. 2930/2010, this Court was clearly aware of the order passed by this Court on 19.03.2010 and also the order dated 24.11.2009. The prayer made in C.A.F. No. 2930/2010 was granted by the order dated 01.12.2010 to prevent further difficulties, which would have occasioned in this case as the respondent would have withdrawn the entire decretal amount and it would have been difficult for the Vidarbha Irrigation Development Corporation as well as the State to recover the said amount from the respondent no.1. Even otherwise, since the appellant had made out a prima-facie case, in normal circumstances, the applicant- respondent no.1 could not have been permitted to withdraw the entire amount deposited by the Vidarbha Irrigation Development Corporation. In such circumstances, the order dated 01.12.2010 cannot be reviewed. 2 The respondent no.1 is, however, granted permission to withdraw an amount of Rs.4,50,000/- from the amount deposited by the Vidarbha Irrigation Development Corporation in this Court on furnishing solvent surety/ security to the satisfaction of Registrar (Judicial). The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of one year and the same should be renewed thereafter from time to time during the pendency of the appeal. The civil application is disposed of in the aforesaid terms. JUDGE APTE