1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (CAW) No.3122 of 2010 In Writ Petition No.4067 of 2006 (Gourishankar s/o Zungarji Vairagade v. The Divisional Joint Registrar, Co-operative Societies, Nagpur, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.K. Tambde, Advocate for Applicant/Respondent No.3. Shri M.L. Vairagade, Advocate, holding for Shri P.D. Meghe, Advocate, for Petitioner. Shri D.M. Kale, AGP for Respondent Nos.1 and 4. Coram : R.K. Deshpande, J. Dated : 15 th December, 2010 This application is filed by the respondent No.3 for permission to retain the payment of Rs.44,466/-, which is due and payable to the petitioner towards share money and deposit, till the final decision of the writ petition. It is not in dispute that the petitioner was found guilty under Section 88 of the Maharashtra Co-operative Societies Act, 1960 and an amount of Rs.40,000/- was ordered to be recovered along with interest. It is also not in dispute that the petitioner has preferred the present petition and this Court has granted stay to the recovery. It is submitted by the learned counsel for the 2 applicant/respondent No.3 that the Letters Parent Appeal was preferred against the said order and this Court had directed the petitioner to furnish an undertaking that in the event if the decision goes against him, he shall pay the entire amount, as is sought to be recovered. It is not in dispute that the petitioner has filed such an undertaking before this Court. In the light of this undisputed position, to permit the applicant/respondent No.3 to retain an amount of Rs.44,466/- on the ground that the petitioner has attained the age of superannuation, would amount to review of the order passed by this Court, which has been modified in the Letters Patent Appeal. The civil application is, therefore, dismissed. The civil application for urgent hearing to be considered after Christmas Vacation, 2010. Judge pdl