1 8 caf.25.09 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 25 OF 2009 IN FIRST APPEAL NO. 3098 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.P.Vanarse for the Applicant. Mr. Mahesh Rawool i/b Mr. A.B.Avhad for the Respondent. CORAM : A.S.OKA, J. DATE : 08 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 In view of the averments made in the application, a case for restoration is made out. The application is allowed in terms of prayer clauses (a) and (b) subject to condition that the compliance will be made with conditional order dated 5 th March, 2007 within a period of four months from today. If compliance is not made within the stipulated time, the order of dismissal will stand. [ A.S.OKA, J ] 2 8 caf.25.09 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1728 OF 2008 IN FIRST APPEAL NO. 3098 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Mahesh Rawool i/b Mr. A.B.Avhad for the Applicant. Mr. A.P.Vanarse for the Respondent. CORAM : A.S.OKA, J. DATE : 08 th March, 2011. P.C. 1 This is an application taken out by the Respondent in the appeal (original plaintiff) for withdrawal of the decretal amount deposited by the Appellant in the appeal. The office remark shows that the Appellant has deposited the decretal amount. The Applicant will have to be permitted to withdraw the compensation amount deposited by the Appellant subject to furnishing adequate security. 2 The application is disposed of by passing the following order: i. The application is allowed in terms of prayer clause (b) subject to condition that the Applicant (original plaintiff) will be entitled to 3 8 caf.25.09 anr withdraw the decretal amount deposited by the Appellant in the first appeal (original defendant) subject to Applicant furnishing adequate security for the entire amount to the satisfaction of the trial Court. ii. The Appellant – defendant shall be heard by the trial Court before accepting the security. [ A.S.OKA, J ]