: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.635 OF 2004 IN FIRST APPEAL NO. 1836 OF 2002 Shankar Shivram Sheth .. Applicant V/s. Navshila Diamond Manufacturing Private Ltd. & Ors. .. Respondent ..... Mr. P.S. Dani for the applicant Mr. R.V. Govilkar for respondent Nos.1 to 5 ..... CORAM : R.Y. GANOO, J. DATE : 9TH JUNE, 2009. P.C. : 1. By order dated 21st January, 2003, the respondent herein was directed to deposit a sum of Rs.1,66,000/-. That amount has already been deposited. This application is made for withdrawal of the said amount of Rs.1,66,000/-. This amount of Rs.1,66,000/- is in the nature of arrears of rent payable by the present respondent and hence the said amount can be permitted to be withdrawn by the applicant of course giving security to the satisfaction of the learned Joint : 2 : Civil Judge, Senior Division, Raigad. Hence, the order. ORDER i. The applicant is permitted to withdraw Rs. 1,66,000/- which are lying in the Court of Joint Civil Judge, Senior Division, Raigad. The learned Judge will decide the nature of security to be furnished at the time of withdrawal and upon furnishing the security, the amount shall be paid to the applicant. The learned advocate Mr. Dani upon instructions states that he has received possession in regard to the property and hence there is no question of present respondent depositing Rs.5,000/- per month in term of order dated 21st January, 2003. To that extent, the order directing the present respondent to deposit Rs.5,000/- per month stands revoked. ii. The Civil Application stands disposed of in the above terms with no order as to costs. iii.First Appeal to come up for hearing in usual course. (R.Y. Ganoo, J.) : 3 :