1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.3922 Of 2010 In Civil Application No.6248 Of 2007 In First Appeal No.514 Of 2008 Associated Construction Company And Others. ... Applicants. Versus The State of Maharashtra And Another. ... Respondents -------- Shri. R.S. Deshmukh, Advocate applicant. Shri. V.H. Dighe, Assistant Government Pleader, for respondents Nos. 1 and 2. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 13th AUGUST, 2010 PER COURT : 1) Heard. 2) Perused the Record and Proceedings. 3) The learned counsel Shri. R.S. Deshmukh has drawn our attention to the issues framed and the discussion in the judgment in 2 respect of claim of the plaintiff. 4) The learned Assistant Government Pleader Shri. V.H. Dighe submitted that substantial grounds are raised in the appeal and therefore the Assistant Government Pleader has opposed the withdrawal application of the plaintiff. An amount of Rs.10,13,004/- has already been deposited in this Court. As the appeal of the State is admitted the issue of security of the amount is vital. Learned counsel Shri. Deshmukh at this stage submitted that the plaintiff / applicant would furnish bank guarantee of nationalized bank. 5) In the facts of the case and after considering the submissions advanced we are convinced that, the applicant could be allowed to withdraw the amount deposited by the State in this Court. 3 6) The applicant is entitled to withdraw amount of Rs.10,13,004/- (Rupees Ten Lakh Thirteen Thousand and Four only) on furnishing bank guarantee of any nationalized bank. The Bank guarantee shall continue till final disposal of the appeal. The amount received by the applicant would be subject to outcome of the appeal. 7) The civil application is disposed of. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.3922.2010