Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.3615 of 2007 IN FIRST APPEAL NO.852 OF 2006 Madhukar S. Pimplapure ...Applicant V/s. Allahabad Bank ...Respondents Mr.A.A.Siddique iby Mr.M.V.Kini & Co. for the Applicant Ms.Gauri Godse, Advocate for Respondent CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 19th March, 2008 : 19th March, 2008 : 19th March, 2008 P.C. Heard Ms.Godse, the Learned Counsel for the Applicant. This is an application praying for withdrawal of the deposited amount in First Appeal No. 852/2006 by the Applicant Bank. 2. Admittedly, as per the orders passed by this Court the Bank has deposited an amount of Rs.8,63,415.76/- only. 3. As per the impugned decree in the First Appeal No.852/2006 the applicant-plaintiff is entitled to recover an amount of Rs.3,96,883/- by way of gratuity, Rs.91,595/- for leave encashment and Rs.13,317/- for unpaid wages for the month of May and June 1989, in addition to Rs.3,25,378/- towards commutation for 2 lumpsum payment of 1/3rd pension with interest at the rate of 9% per annum from 1-4-2000. The Appellant Bank has filed a reply opposing the application. However, it is now prayed that the applicant be allowed to withdraw 50% of the deposited amount subject to his furnishing the Bank guarantee. The Learned Counsel for the Bank admits that even as of now no steps have been taken to conduct the departmental enquiry into the charges purportedly levelled against the plaintiff. 4. Hence, the applicant-plaintiff is allowed to withdraw an amount of Rs.3,96,883/- towards gratuity, Rs.91,595/- towards leave encashment and Rs.13,317/- for unpaid wages without furnishing any security and if he desires to withdraw even the balance amount from the deposited amount, he is allowed to do so provided he furnishes the Bank guarantee for said balance amount. 5. Civil Application is disposed accordingly. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]