1 C.A. 3326/2009 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3326/2009 WITH CIVIL APPLICATION NO.3097/2009 WITH CIVIL APPLICATION NO.5707/2009 WITH CIVIL APPLICATION NO.3325/2009 IN FIRST APPEAL NO. 10/1989 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 23rd June, 2011. Mr. M.A. Kulkarni, Advocate for the applicants. Mr. V.G. Shelke, A.G.P. for respondent Nos.1 & 2. Mr. S.S. Chaudhari, advocate for respondent No.3. 1. Heard. 2. The purpose for which the Bank guarantee was ordered, is already over. The new award though is of a lessor amount, has not been challenged by the respondents. It is their contention that in view of the new award, they are entitled to recover some amount from the appellants. But such an amount is said to be approximately Rs.3,50,000/- whereas the Bank guarantee is of Rs.14,00,000/-. Having regard to these facts and circumstances, the bank guarantee is 2 C.A. 3326/2009 liable to be discharged. The order directing appellants to furnish bank guarantee of Rs.14,00,000/- stands withdrawn. The parties, I am told, are already before the execution Court where the parties would calculate the amount and the Court would pass necessary order. If it is found that the appellants owe any amount to the respondents, appropriate orders can be taken from the execution court. [A.V. NIRGUDE,J.] ts k/2011/June23/ca3326.09