1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.191 OF 2010 IN FIRST APPEAL NO.1150 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Santosh Deshpande, for the applicant. Mr Manish Pabale i/b A.S.Rao, for the respondent. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 29/01/2010 PC: Heard learned counsel for the parties. By this civil application, the applicant has prayed for allowing him to withdraw the amount deposited by the respondent in this court in pursuance of the order dated 16.10.2006 passed in Civil Application No.4151 of 2009. Mr T 2 Pabale, learned counsel for the respondent-corporation, submits that the corporation has no objection for allowing the applicant to withdraw the entire amount on his furnishing bank guarantee of a nationalised Bank. In view of the no objection given by the respondent- corporation, the civil application is made absolute in terms of the prayer clause (b), except the bracketed portion, subject to the applicant furnishing bank guarantee of a nationalised Bank within a period of six weeks from today. The prayer clause (b) in the civil application excluding the bracketed portion, reads thus: “(b) The applicant may be allowed to withdraw the sum of Rs. 4,77,062/- (Rs.Four lacks Seventy Thousand and Sixty Two only) deposited by the respondent in this Hon’ble Court.” If the applicant fails to furnish the Bank Guarantee and withdraw the amount, the Registrar (Judicial) is directed to invest the amount in a nationalised Bank 3 initially for a period of two years and shall renew the same from time to time till disposal of the Appeal. The civil application is disposed of. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 4