{1} ca1782610.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.17826 OF 2010 IN CIVIL APPLICATION NO.14146 OF 2010 IN FIRST APPEAL NO.2982 OF 2008 Sudhakar s/o Baburao Tanpure Applicant Versus The State of Maharashtra Respondent Smt.S.S.Jadhav, advocate for the applicant. Mr. D.R.Kale, A.G.P. for respondents. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 20 th January, 2011 PER COURT: 1 Heard Smt.S.S.Jadhav, learned Counsel for the applicant and Mr.D.R.Kale, learned A.G.P. for the Respondent. 2 This Court, vide order dated 11th June 2009, passed on Civil Application No.4782 of 2009, had permitted the applicant to withdraw 50% of the amount deposited by the Respondent. The applicant was allowed to withdraw 25% amount (out of the 50% amount allowed to be withdrawn) on furnishing bank guarantee and remaining 25% amount on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. The applicant has furnished bank guarantee and has already withdrawn 25% amount. Learned Counsel for the applicant submits that the applicant has also furnished undertaking in terms of the order dated 11.06.2009. {2} ca1782610.odt 3 By this application, the applicant is seeking discharge of the solvent surety furnished by him, as stated in paragraph no. 3 of the application. Such prayer is made stating in the application that the applicant does not want to withdraw the remaining 25% amount by furnishing solvent surety. The applicant has given an undertaking to that effect in paragraph no. 5 of the application. The undertaking given by the applicant is accepted. There is no dispute that, though, the applicant has furnished solvent surety, has not withdrawn the remaining 25% amount as per the order dated 11.06.2009. 4 In the circumstances, this application is made absolute in terms of prayer clause (B). The office is directed to invest the remaining 25% amount, which the applicant was allowed to withdraw on furnishing solvent surety, in a Nationalised Bank, initially for a period of three years and the same may be renewed from time to time till the appeal is finally disposed of. The order of this Court dated 11.06.2009 stands modified only this extent. The directions in respect of 50% amount, which was directed to be deposited in fixed deposit, shall remain unaltered. 5 Civil Application is disposed of. 6 Registrar (Judicial) to act on the authenticated copy of this order. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/ca1782610