1 caf2289-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 2289 OF 2010 IN FIRST APPEAL NO.1507 OF 2009 M/s. Sinnar Foundary Pvt. Ltd. .. Appellant V/s. M/s. Exemplar Niphon Spindle Manufacturing Co. Pvt. Ltd. .. Respondent ..... Mr. S. S. Kulkarni for the applicant. Mrs. Kranti P. Bhosale for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. P.C.:- This is an application taken out by the respondent in Appeal who is original plaintiff. The respondent in this application is the appellant- original defendant. Appeal preferred by the respondent has been admitted. Prayer in this application is for grant of permission to withdraw the decretal amount alongwith costs amount of Rs.2000/-. The application is opposed by the learned counsel appearing for the respondent by submitting that the impugned decree is illegal and that the amount deposited by the respondent has been already invested in the fixed deposit. 2 caf2289-10 2. The First Appeal is of the year 2009. Considering the fact that the Appeals of the year 1986 are still pending for final hearing, the First Appeal may not reach for final hearing at least for two decades. Therefore, applicant/appellant who has succeeded in the suit will have to be permitted to withdraw the decretal amount. Withdrawal will have to be permitted only on furnishing adequate security to the satisfaction of the trial Court so that there is no prejudice to the respondent, in the event, the respondent succeeds in the Appeal. 3. Hence, application is allowed in terms of prayer clause (a). However, withdrawal of the decretal amount and cost amount of Rs.2000/- together with interest accrued thereon shall be permitted only after applicant furnishes adequate security for the entire amount to the satisfaction of the trial Court. Respondents shall be heard before accepting security. JUDGE