1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 207 OF 2009 IN FIRST APPEAL NO.2249 OF 2006 Mrs. Lorna w/o. James Samuel ... Applicant (Respondent No.1) Vs. Shri Cyril Fernandes & Ors. ... Respondents Mr.S.D.Dharmadhikari, Advocate, for the applicant.. CORAM: J.H.BHATIA,J. DATE: 26th August, 2009. P.C. 1. This Application is moved by the respondent No.1, who was original plaintiff. The plaintiff had filed the suit for specific performance of the contract and alternatively for refund of the amount of Rs.1,92,000/- which was paid by the plaintiff to the respondent. The trial Court passed a decree for refund of the amount and refused specific performance. Appeal is preferred by the original defendant challenging the decree of refund. As per the earlier orders, an amount of Rs.2 lakh has been deposited by the defendant/appellant. The respondent No.1 moved an application No.2187 of 2007 on which an order dated 2 30.8.2007 was passed allowing the applicant to withdraw the amount of Rs.2 lakh subject to his furnishing Bank guarantee. Even though the period of more than 2 years is over, the amount has not been withdrawn. 2. The learned Counsel for the applicant contends that inspite of best attempts, the applicant could not secure bank guarantee as he is a teacher in a private school. According to him, the applicant is willing to furnish any other security to the satisfaction of the trial Court. 3. None is present for the original appellant. I have perused the issues and the findings of the trial Court. There was no contention of the defendant/appellant that the amount would be forfeited in case the agreement is not fulfilled. 4. Therefore, the applicant/original plaintiff is allowed to withdraw Rs. 1,92,000/- on furnishing security to the satisfaction of the trial Court. Application stands disposed of. (J.H.BHATIA,J.)