1 ca 3973.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3973 OF 2011 IN FIRST APPEAL NO. 2645 OF 2010 Girish Ramkishor Khandelwal .. Applicant Versus Narottam Bajirao Hiray and another .. Respondents Shri D. G. Kamble, Advocate h/f Shri G. G. Suryawanshi, Advocate for the Applicant. Shri A. R. Nikam, Advocate for the Respondent No. 1. Shri A. N. Gaddime, Advocate h/f Shri S. S. Deve, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST APRIL, 2011. PER COURT : . This is an application for withdrawal of the amount. The present applicant had filed a suit for recovery of amount which came to be decreed to the extent of Rs. 5,00,000/- with further interest at the rate of Rs. 15% per annum. The defendant aggrieved thereby has filed the appeal. The appeal is admitted. Pursuant to the orders passed by this Court, the defendant has 2 ca 3973.11 deposited an amount of Rs. 2,50,000/-. 2. Shri Nikam, the learned counsel for the respondent No. 1 opposes the application on the ground that the Court below while passing the decree has not considered the evidence in its correct perspective and in fact, the amount was not paid by the plaintiff to the defendant. 3. All these arguments would be looked into at the time of final disposal of the appeal. At this stage, the decree is in favour of the present applicant which the Trial Court has passed after appreciation of evidence. It would also be in nobodies interest to keep the amount idle in the Court. At the same time, the interest of the defendant will have to be safeguarded. In the light of the above, I pass the following order. 4. The applicant is allowed to withdraw an amount of Rs. 2,50,000/- (Rs. Two Lakh Fifty thousands only) deposited by the non applicant No. 1 on furnishing a solvent security of the like amount. The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] 3 ca 3973.11 bsb/April 11