HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT APPEAL No.1001 of 2010 JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri B.Prakash Rao) Although cold storage facility is being availed in pursuance of an agreement against storage charges, yet it has attracted the attention of respondent No.1 on the ground that the amount charged is on higher side, consequently, the demand advanced by respondent No.1 requiring the appellant to deposit the excess amount which according to the learned counsel for the appellant is without jurisdiction, resultantly, writ petition against the demand notice which is stayed by the writ Court subject to the condition that 1/3rd of the demanded amount is deposited. Being aggrieved, therefore, this writ appeal. Regard being had to the nature of the controversy, we are of the opinion that ends of justice would be met by modifying the order to the effect that instead of depositing the amount, the writ petitioner-appellant shall file a bank guarantee to the extent of 1/3rd of the demanded amount, of course, to the satisfaction of respondent No.1. Order is modified accordingly. It goes without saying that in case, the amount is already deposited, the appellant shall be at liberty to withdraw it, provided he files a bank guarantee to the satisfaction of respondent No.1, failing which, protection extended by interim order shall lose its force. The writ appeal is disposed of accordingly. _________________________ B.PRAKASH RAO, HACJ __________________________ JUSTICE V.SURI APPA RAO 30th November 2010 dr