1 W.P.No.5693/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5693 OF 2011. Sudhakar Sanduji Jadhav, Age 58 years, Occ.Nil, R/o S-18/5, Ayodhanagar, N-7, Cidco, Aurangabad. ... Petitioner. Versus M/s Automobile Products of India Ltd.,D-5, MIDC Industrial Area, Chikalthana, Aurangabad. ... Respondent. ... Mr.Vinod P. Patil, advocate for the petitioner. Mr.P.K.Joshi, advocate for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 11.08.2011. ORAL JUDGMENT : 1. Heard. 2 W.P.No.5693/11 2. Rule. Rule returnable forthwith. With the consent of the parties,the petition is taken up for final hearing. 3. The petitioner has filed complaint (ULP) No.59 of 2000, before the Labour Court. There was delay in filing the complaint. The delay was condoned. The petitioner moved application Exh.U-2 requesting the Court to direct the Respondent to deposit the amount as per the cheques issued by the Respondent Company. The Respondent gave no objection, still, the Labour Court dismissed the application. Thereafter, the petitioner filed application Exh.U-6 for withdrawal of the amount. The Respondent gave no objection for the same but still, the Court rejected the said application. Aggrieved thereby, the present Writ Petition is filed. 4. It is seen that according to the Respondent the said amount is not disputed. In such circumstances, there was no impediment to allow the petitioner to withdraw the said amount. 3 W.P.No.5693/11 Even the present Respondent had not pressed the said application before the Court. No reasons are given for not allowing the petitioner the withdrawal of the said amount. 5. In view of the fact that even the Respondent do not dispute the entitlement of the petitioner in respect of the amount deposited by the Respondent, there is no impediment to allow the petitioner to withdraw the amount. However, the same will be without prejudice to the rights of the parties. 6. In the result, the Writ Petition is allowed. Rule is made absolute in terms of prayer clause (B). No costs. (S.V.GANGAPURWALA,J.) asp/office/wp5693.11 4 W.P.No.5693/11