1 C.A. No.5112 .11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5112 OF 2011 (M/s. Krishna Engineering Works & Ors V. The N.D.C.C. Ltd., Nanded ) in FIRST APPEAL NO. 877 OF 2010 with CIVIL APPLICATION NO. 5125 OF 2011 in FIRST APPEAL NO. 879 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 29th APRIL, 2011 PER COURT : 1. This Court, vide order dated 20th September, 2010, had allowed the present applicants to withdraw the amount as per terms and conditions enumerated in the said order. But it appears that bank-guarantee did not contain unequivocal term that the same would be valid till final disposal of the appeal. As such, executing Court not did not allow the 2 C.A. No.5112 .11 withdrawal of amount. 2. Shri Sangale, learned counsel for the applicant submits that applicants have filed xerox copy of the amendment to the bank guarantee dated 23th April, 2011, certifying that the bank-guarantee shall be in force till the pendency of the appeal and that the same would be extended from time to time. 3. The applicant to produce the said amended bank-guarantee before the executing Court, and executing Court, on furnishing the bank-guarantee, shall allow the applicants withdrawal of the amount, as directed by this Court vide order 20th September, 2010. 3 The Civil Applications are disposed of. ( S.V. GANGAPURWALA, J. ) SDM*