: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2966 OF 2003 CIVIL APPLICATION NO.2966 OF 2003 CIVIL APPLICATION NO.2966 OF 2003 IN IN IN FIRST APPEAL NO.654 OF 2002 FIRST APPEAL NO.654 OF 2002 FIRST APPEAL NO.654 OF 2002 Zoom Enterprises ...Applicant V/s. Mahanagar Telephone Nigam Ltd. & Anr. ...Respondents Mr.A.K. Rai, Advocate, h/f. B.N. Pai & M.B. Rai, for the Applicant. Mr.S.I. Shah, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. The applicant is the original plaintiff (respondent in the First Appeal). The prayer in this application is for permitting the applicant to withdraw the decretal amount deposited by the appellant in the First Appeal. The applicant has shown readiness and willingness to furnish bank guarantee for the decretal amount. 2. Hence application is disposed of by passing following order:- : 2 : "O R D E R" "O R D E R" "O R D E R" (a) Application is allowed in terms of prayer clause (a) subject to condition that the Trial Court will permit the applicant to withdraw the amount only on furnishing bank guarantee for the entire amount. (b). The Trial Court will hear the respondents before accepting the bank guarantee. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]