(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 6004 of 2008 (In First Appeal No. 222 of 2007) M/s. Manakmoti Forgings Pvt. Ltd., through its Director, Sharad s/o. Pemraj Munot, Age : 58 years, Occupation : Business, R/o. 142/3, Nagar-Daund Road, Ahmednagar. .. Applicant. versus M/s. Brij Industries, A partnership Firm carrying on Business at C-27, MIDC Ahmednagar, Through its Partner, Ravindra s/o. Paramanand Bakshi, Age : 53 years, Occupation : Business, R/o. C-27, MIDC, Ahmednagar. .. Respondent. .......................... Mr. A.P. Bhandari, Advocate, holding for Mr. S.V. Gangapurwala, Advocate, for the applicant. Mr. P.S. Pawar, Advocate, for the respondent. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 24TH JULY 2009. COURT'S ORDER : 1. This is an application for modification of the order passed by this court, dated 31st August 2007. 2. This court, vide order dated 31st August 2007, had permitted the present applicant to withdraw an amount of Rs. 7,00,000/- on an undertaking signed by the head of the Board of Directors and the Managing Director of the applicant Company, to the effect that it shall re-deposit the entire amount in this court, as and when directed by this court, within a month from the date of directions. 3. It is the contention of the applicant, that the same person occupies the office of Head of Board of Directors (i.e. Chairman and the Managing Director). It is, therefore, submitted that since the same person i.e. Sharad s/o. Pemraj Munot is holding both the offices, the Registry be directed to accept the undertaking submitted by Sharad s/o. Pemraj Munot, dated 20th February 2007. 4. In the peculiar facts of the case, we do not find any difficulty in allowing the application. 5. Hence, application is allowed in terms of prayer clause "B". It is clalrified that the amount of Rs. 7,00,000/- shall be permitted to be (3) withdrawn on the undertaking given by Shri Sharad s/o. Pemraj Munot, in the capacity as Chairman and Managing Director of the Company, and the balance amount of Rs. 6,50,000/- shall be allowed to be withdrawn on furnishing renewed bank guarantee given by the applicant Company, of any nationalized bank. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca6004