Extracted from the PDF above. The PDF is authoritative.
1 926-ca-7953-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7953 OF 2026 IN FA/1074/2024 Prakash Arun Chitte. VERSUS Anuradha Govindrao Adik. ... Advocate for Applicant : Mr. Chapalgaonkar Shailesh S Advocate for Respondent : Mr. Rahul R. Karpe ...
CORAM :
ROHIT W. JOSHI, J.
DATED :
AUGUST 21, 2026 P.C.:
1. Present applicant has suffered the decree for payment of Rs.1 Crore in Special Civil Suit No.20 of 2021. Initially, the appeal was filed before learned District Court. Vide order dated 03.07.2023, learned District Judge-1, Shrirampur had granted stay to execution of decree on the condition of furnishing bank guarantee to the extent of 10% of said amount i.e. Rs.10,00,000/-. Thereafter, the appeal is preferred before this Court realizing that the same will not lie before learned District Court.
2. Vide order dated 10.12.2024, this Court has granted stay to execution of decree on the condition that solvent surety/security to the extent of Rs.25,00,000/- is furnished by the appellant/applicant. The appellant/applicant has furnished solvent surety/security to the extent of Rs.25,00,000/- as directed vide order dated 10.12.2024. In view of the aforesaid, present civil application is filed for returning 2026:BHC-AUG:38176
2 926-ca-7953-2026.odt original bank guarantee.
3. In view of subsequent order dated 10.12.2024, there is no propriety in withholding the bank guarantee furnished by the appellant/applicant, which is furnished pursuant to the order dated 22.03.2024 passed by learned District Judge.
4. In view of the above, civil application is allowed. The bank guarantee of Rs.10,00,000/- furnished by the appellant/applicant be returned to him.
[ROHIT W. JOSHI J.] Mujaheed//