IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 187 OF 2007 SHRI. SANJAY ALIAS VASTUPAL DATTA KHORJUVEKAR ... Petitioner Versus SHRI. RAJENDRA NARAYAN KAREKAR AND 2 ORS., ... Respondents Mr. S.D.Lotlikar, Senior Advocate with Ms.Jimi John,Advocate for the petitioner. Mr. M.S. Joshi, Advocate for the respondent No.3. Mr. Nigel Costa Frias,Advocate for the respondent No.2. Coram:- C. L. PANGARKAR, J. Date:- 16th February, 2009 P.C. 1. Heard the learned Counsel for the petitioner and the respondents. 2. This writ petition is filed against the order passed by the Civil Judge, S.D. on 22.03.2007 whereby she accepted the indemnity bond said to have been executed by the defendants. 3. The order for the execution of such indemnity bond, was passed by the Court on 14.09.2006 when an application for withdrawal of the amount of Rs.10,61,839.63/- was made. 4. The Civil Judge directed that the amount be paid to the defendant Nos. 1 and 2 on their furnishing security to the extent of the sum in deposit in Saraswat Co-operative Bank Ltd. in view of the order passed by that Court on 28.03.2006. 5. It seems from the record that the defendants executed an indemnity bond and the same was accepted by the learned Civil Judge, S.D. 6. The learned Counsel for the plaintiff / petitioner, submits that the indemnity bond that is executed by the defendants/ respondents, is not in proper format and may create problem if at all and the sum is required to be recovered from the defendants. 7. It appears from the contents of the indemnity bond and the manner in which it has been executed that the order of acceptance of the said indemnity bond, needs to be set aside. 8. In view of the fact that the indemnity bond is not executed as contemplated by the provisions of Order 41 and the format provided in Apendix G of the Code of Civil Procedure as well as para 391 of Civil Manual, the acceptance of the said indemnity bond by the Civil Judge, is set aside. The matter stands remanded back to the Civil Judge, S.D. with a direction to obtain, from the defendants, fresh indemnity bond as described in Apendix G of the Code of Civil Procedure in form 2 or 3 as may be applicable and upon going through the provisions of para. 391 of Civil Manual. The indemnity bond to be obtained from the defendant Nos. 1 and 2 within a period of one month. The petition stands disposed of. C. L. PANGARKAR, J. SMA