IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5039 OF 2008 IN FIRST APPEAL NO.2758 OF 2007 M/s.S.D.Bhalerao Constructions Pvt. Ltd. ..... Applicant V/s. Siddhivinayak CHS Ltd. .....Respondents Mr.D.B.Patil, for the Applicant Mr.Ajit R. Pitale, for the respondent. CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 16TH OCTOBER, 2008. P.C. 1. Heard the learned Advocates appearing in the matter. 2. On 03-12-2007, a Division Bench of this Court had passed following order : “The learned counsel for the appellant states that the appellant should be given six months time to deposit the decretal amount. In this view of the matter, therefore, in our opinion, following order would meet the ends of justice. (i) Civil application is granted in terms of prayer clause (d) subject to the condition that within six months from today, the appellant deposits the complete decretal amount with due intimation to the plaintiff in the Trial Court. (ii) If the amount is not deposited within the aforesaid period, the civil application shall be treated as dismissed. (iii) In case the amount is deposited as directed above, the trial court shall permit the plaintiff to withdraw the amount on filing an undertaking before the trial court undertaking to this court to bring back the amount, if so directed by this Court and on such terms and conditions as may be directed by this Court and on furnishing a bank guarantee of a nationalized bank to the satisfaction of the trial Court. (iv) If the amount is not withdrawn within a period of twelve weeks from the date of deposit, the trial court shall invest the amount in fixed deposit in a nationalized bank during the pendency of the Appeal. (v) We have disposed of this civil application without issuing notice to the original plaintiff, who is respondent in the civil application. Therefore, if the original plaintiff feels aggrieved by this order he shall be at liberty to apply to this court for modification or cancellation of this order. (vi) Civil Application disposed of. 3. In the aforesaid order, liberty was granted to the present applicant/original plaintiff to approach this Court for modification or cancellation of the order. The learned counsel for the applicant submitted that plaintiff is able to furnish bank guarantee of a Scheduled Bank i.e. Saraswat Co-op. Bank Ltd., Thane Branch, as he is having account with the said bank and he did not have any account in the nationalized bank. The learned counsel for the applicant further submitted that since he is not having any account in the nationalized bank, he may be permitted to give bank guarantee of a Scheduled Bank. 4. After hearing both the sides, we are of the considered opinion that the applicant should give bank guarantee to the tune of 50% of a Nationalized bank and for remaining 50%, he is permitted to give bank guarantee of a Saraswat Co-op. Bank Ltd. The order passed by this Court on 03-12-2007 is modified to the aforesaid extent and rest of the order shall remain as it is . 5. The civil application is disposed of by permitting the applicant to withdraw decretal amount by giving bank guarantee as aforestated, to the satisfaction of the trial court. This order is passed in view of the submission made by the learned counsel for theapplicant that till today the decretal amount has not been invested by the trial court. Two weeks time is granted to the applicant to comply with this order. Writ of this order be sent to the Trial Court forthwith. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )