S.B. CIVIL WRIT PETITION NO.1163/2010 Bajan Lal Vs. Smt. Kalawanti Date of order : 10th February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.S. Kotwani for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 21.01.2010 whereby the learned trial Court while deciding the application under Order 37(3)(5) of C.P.C. has directed to deposit 50% amount of pronote in question in the trial court. 3. The learned counsel for the petitioner-defendant submits that instead of cash deposit, the defendant is ready to give a solvent security in the form of bank guarantee for the entire claim of the plaintiff to the extent of Rs.90,000/-. 4. Having heard learned counsel and in the facts and circumstances of the case, this Court disposes this writ petition with the modification in the impugned order dated 21.1.2010 passed by the learned trial court to the extent that instead of cash deposit of 50% amount of pronote, the petitioner-defendant is directed furnish solvent security in the form of bank guarantee to the extent of Rs.90,000/-. 5. The writ petition is accordingly disposed of. A copy of this judgment be sent to opposite party and trial court. [ DR. VINEET KOTHARI ], J. item No.5 babulal/