IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 10 OF 2010 IN WRIT PETITION NO. 498 OF 2006 RAVINDRA C.P. NAVELKAR AND ANR., ... Applicants Versus THE GOA STATE CO-OPERATIVE BANK LTD. THROUGH ITS MANAGING DIRECTOR ... Respondent Mr.S. M. Walwaikar, Advocate for the applicants. Mr. S. R. Rivonkar, Advocate for the respondent Nos. 1 and 2. Mr. H. D. Naik, Advocate for the respondent No.3. Mr. G. Shirodkar, Government Advocate for the respondent No.5. Coram:- U. D. SALVI, J. Date:- 5th January, 2010 P.C. It is submitted that with the withdrawal of the W.P.No.498/2006 challenging the sale of the property called Mallans, situate at Baingiunim village belonging to the applicant No.1 Ravindra Navelkar, the sale of the said property by the respondent Bank stood confirmed and the third party, who had deposited an amount of Rs.4,68,73,591/- was not entitled to get the said property and as such the said amount with interest was liable to be refunded to the applicant No.2 Pradeep Kaunte. 2. The respondent Bank has tendered reply and has submitted that the present application is not maintainable in view of unconditional withdrawal of the petition by the petitioner as it would amount to reviewing the said order dated 23.12.2009 passed in W.P. No.498/2006. According to the respondent No.1 Bank, an amount of Rs.2,68,68,372.15ps. out of the said amount deposited has been claimed as the total unaccounted interest amount recoverable from the petitioner and the balance amount can be refunded without interest as the amount is lying in sundry account without generating any interest thereon. 3. The applicants submit that the balance amount of Rs.2,00,05,219/- lying deposited in the sundry account may be ordered to be refunded without interest and appropriate application would be moved in respect of the amount of Rs.2,68,68,372.15ps. The respondent No.1 bank in W.P. No.516/2006 i.e. respondent No.1 Bank herein has no objection for refund of the balance amount of Rs.2,00,05,219/- to the applicant No.2 herein. 4. In view of this, the balance amount of Rs.2,00,05,219/- be refunded to the applicant No.2 Pradeep Kaunte without interest on or before 15/01/2010. M.C.A. No.10/2010 stands disposed of. U. D. SALVI, J. SMA