CA 18121/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 18121 OF 2010 IN WRIT PETITION NO. 4101 OF 2010 Prakash s/o. Bhagwatrao Natkare ....Applicant. Versus Shamlal Memorial Education Society and Anr. ....Respondents. Mr. V.P. Latange, Advocate for applicant. Mr. M.P. Gude, Advocate for respondent No. 1. CORAM : A.A.SAYED, J. DATED : 16th December, 2010. PER COURT : 1. This civil application is filed to allow the applicant to withdraw the amount of Rs. 1,07,161/-, which is deposited in the Labour Court, Latur. 2. This Court vide order dated 12.10.2010 had passed a conditional order, as follows :- "On petitioner depositing 50 per cent of the amount before the learned Judge, within 15 days the operation of the order under challenge shall be treated as stayed." 3. The amount which is deposited is in consequence of the award dated 6.7.2009 whereby the application under section 33-C (2) of the CA 18121/2010 2 Industrial Disputes Act came to be allowed. 4. The learned counsel for the applicant submitted that as per order dated 12.10.2010, 50% of the decreetal amount ought to have been deposited. However, perusal of the Civil Application discloses that the applicant is seeking withdrawal of Rs. 1,07,161/- and therefore, I need not go into that aspect. 5 Considering the facts and circumstances of the case, and in the interest of justice I am inclined to allow the applicant to withdraw the said deposited amount. Hence, the following order. O R D E R (1) The applicant is allowed to withdraw the sum of Rs. 1,07,161/- deposited in the Labour Court, Latur, subject to his furnishing an undertaking that the applicant shall bring back the amount if and when directed by the Court. The undertaking shall be filed within a period of four weeks from today. (2) Civil Application to stand disposed of. [ A. A. SAYED, J. ] ssc/ca18121.10