1 C.A. No. 7271.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7271 OF 2011 ( Suresh Nana Patare V. The Executive Engineer, Ahmednagar Irrigation Department, Ahmednagar) in WRIT PETITION NO. 917 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 24th June, 2011 PER COURT : 1. This is an application for withdrawal of amount. This Court had directed the non-applicant to deposit the said amount within the stipulated period. The non- applicant failed to deposit the said amount within the stipulated period. As such, the Writ Petition was dismissed for non- compliance of the order passed. It appears that thereafter, the amount has been deposited by the non-applicant i.e. Rs. 2 C.A. No. 7271.11 1,81,870/- (Rs. One lakh eighty one thousand eight hundred and seventy). According to learned counsel Shri Barde The Labour Court Ahmednagar grant reinstatement but without back wages on 14-01-1994. It is the contention of learned counsel for the applicant that as the order is not being complied with, the applicant has filed application for contempt. Thereafter, the said order was challenged in another Writ Petition. The present non-applicant has challenged the order of Industrial Court seeking setting aside the termination in this Court by way of Writ Petition. Shri Barde submits that interim relief has been specifically refused in the said Writ Petition. The non-applicant was directed to deposit the amount from 14-06-2001 till the date of actual reinstatement i.e. 19-09-2007 by this Court. 2. The present Writ Petition is filed against the order of Industrial Court directing the non applicant to deposit the 3 C.A. No. 7271.11 amount. 3. Shri Bhosale, learned counsel for the non-applicant submits that in fact the order of the Industrial Court setting aside the termination itself is illegal, and the applicant is not entitled for any amount. The non- applicant has deposited the amount as directed by this Court, but the applicant should not be allowed to withdraw the said amount. 4. Taking into account the fact that in the companion Writ Petition, challenging the order of Industrial Court, interim relief has been specifically refused, and the non- applicant has been directed to deposit the amount specifically by this Court for a period of 14-06-2001 till actual reinstatement i.e. 19-09-207. I do not see any impediment to allow the applicant to withdraw the said amount. The applicant is allowed to withdraw the amount of Rs. 1,81,870/- (Rs. One lakh eighty one thousand eight hundred and seventy) on 4 C.A. No. 7271.11 furnishing a solvent surety / security of the like amount. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*