1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4357 OF 2009 IN FIRST APPEAL NO. 3141 OF 2008 Parason Machinery (I) Pvt. Ltd. ....Appellant. Versus The Sahakar Agencies Pvt. Ltd. and another ....Respondents. Shri. J.N. Singh, Advocate for the applicant. Shri. D.V. Soman, Advocate for the respondent No. 1. CORAM : P.R. BORKAR, J. DATE : 23nd JUNE, 2009 PER COURT : 1. Heard Shri. J.N. Singh, Advocate for the applicant Parson Machinery (I) Private Limited and Shri. D.V. Soman Advocate who appears for the respondent No. 1 Sahakar Agencies Private Limited. 2. The trial Court has decreed the amount of Rs.2,10,654.84 Ps. The same is deposited by respondent No. 1 in this Court. The present application is for withdrawal of the said amount. The dispute between the parties is regarding the octroi to be paid and whether the octroi 2 should be charged on the actual value of the property or on value after deducting concession or rebate over the price of the property. There is circular dated 10th August 1992 which is required to be interpreted. Similarly the judgment of this Court will have to be considered which is referred to in para 14 of the judgment of the trial Court. Considering the facts, circumstances and considering that the applicant is manufacturer of machinery and the machinery which involved in the incident on which octroi was levied of worth Rs. two crore, in my opinion, the withdrawal can be allowed on certain conditions. 3. Hence, the applicant Parason Machinery (I) Pvt. Ltd. is allowed to withdraw the amount after furnishing solvent security to the tune of amount of Rs. 2,25,000/- (Rs. two lakhs twenty five thousand) with one surety with undertaking to repay the amount along with interest as and when directed by the Court. Application stands disposed of accordingly. [ P.R. BORKAR ] Judge ssc/ca4357.09