1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.3304 of 2009 In Civil Application No.4819 of 2009 In FIRST APPEAL NO. 1583 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt.Netrali Jain, Advocate, for the applicant. Shri S.S. Chaudhari, Advocate for Respondent. 1. This is an application for modifying the order passed by II Joint Civil Judge, Senior Division, Ahmednagar dated 26.2.2009 in Special Civil Suit No. 107 of 2002, whereby the trial court has directed that out of the amount of Rs. 5,23,562/= payable to the plaintiff, an amount of Rs.2,00,000/= be paid to plaintiff on furnishing bank 2 guarantee for Rs.2,00,000/= for a period of two years and solvent surety for remaining amount. 2. Heard learned counsel for the parties. Advocate Shri Chaudhari for Respondent has taken me through the reply filed by him. Advocate Shri Chaudhari has also stated that there are two investment companies of almost identical names i.e Jai Balaji Capatil and Investment Limited and Shri Balaji Finance and Investment Corporation and that most of the partners in both the firms are the same. 3. After considering submissions made by both the learned counsel, in my opinion, the trial court has already applied its mind and has restricted bank guarantee only to the amount of Rs.2,00,000/= and it is not that entire amount was to be paid requiring bank guarantee. In view of this, it does not appear 3 that it is necessary to interfere with the order of the trial court and so far as bank guarantee and bond of solvent surety are concerned, however, those shall continue till disposal of this appeal and for two months thereafter. . Application disposed of. Date:13.07.2009 [P.R.BORKAR,J.] pnd/ca3304.09