-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.8533 OF 2000 APPLICATION NO.8533 OF 2000 APPLICATION NO.8533 OF 2000 IN IN IN SECOND SECOND SECOND APPEAL NO.704 OF 2000 APPEAL NO.704 OF 2000 APPEAL NO.704 OF 2000 The State of Maharashtra ...Applicant vs. Ramu Govind Shinde ...Respondent Ms G.P.Mulekar, A.G.P. for the Applicant Mr.Dilip Bodake for the Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 18, 2008. : MARCH 18, 2008. : MARCH 18, 2008. P.C.: P.C.: P.C.: 1. Heard learned A.G.P. for the Applicant and the Advocate for the Respondent No.1. There is a money decree passed against the Applicant-State of Maharashtra. The amount payable under the money decree will have to be deposited by the Applicant-State of Maharashtra. There is a serious challenge to the decree on the ground of bar of limitation. Therefore, the original plaintiffs cannot be permitted to withdraw the amount unless a bank guarantee of any nationalised bank is furnished for the decretal amount. Hence, I pass the following order : i) There will be interim relief in terms of prayer clause (b) subject to condition of the Applicant-State of Maharashtra depositing the entire decretal amount with the trial court within a period of 12 weeks from today. -2- If compliance is not made, interim relief will stand vacated without further reference to the court. ii) If compliance is made, the trial court will permit the original plaintiffs to withdraw the decretal amount on furnishing bank guarantee of any nationalised bank for the said amount. Before accepting the bank guarantee, the Applicant will be heard. iii) If the original plaintiffs fail to withdraw the decretal amount within a period of six months from the date of deposit of the amount, the trial court will invest the same in any nationalised bank in fixed deposit and the fixed deposit shall be renewed from time to time till the disposal of the Appeal. iv) Civil Application is disposed of accordingly. v) In view of the above order, Civil Application No.1205 of 2006 does not survive and the same is disposed of. JUDGE JUDGE JUDGE