1 51 caf 3539.10.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3539 OF 2010 IN FIRST APPEAL NO.187 OF 2010 Shri Ananda Janu Dalvi & Ors. .. Applicants. Vs. The Executive Engineer, Tarali Project & Anr. .. Respondents. Mr.V.S.Tadke for the applicants. Mr. U.B.Nighot for the respondent no.1. Ms.V.M.Mhaispurkar,AGP for respondent no.2. CORAM : D.B.BHOSALE, J. DATED : 15/10/2010. PC: 1 Heard the learned counsel for the parties. 2 In this Application, the Applicants have prayed for allowing them to withdraw the amount deposited by Respondent no.1-Executive Engineer, Tarali Project. Mr.U.B.Nighot, learned counsel for Respondent no.1 submits that he has no objection if the Applicants are allowed to withdraw 50% of the amount deposited by Respondent no.1 on their furnishing bank guarantee of a nationalized bank. In view thereof, this Application is disposed of by the following order: 2 51 caf 3539.10.doc a) Applicants are allowed to withdraw 50% of the amount deposited by Respondent no.1-Executive Engineer, Tarali Project by furnishing bank guarantee of a nationalized bank. b) Applicants are directed to keep the bank guarantee alive till final disposal of the Appeal. c) The Reference Court is directed to pass appropriate orders investing the remaining amount in fixed deposit in a Nationalised Bank, initially for a period of one year and shall renew the fixed deposit from time to time till disposal of the Appeal. d) Civil Application is disposed of. (D.B.Bhosale, J.)