1 CA 10308.2011 in WP 4385.2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10308 OF 2011 IN WRIT PETITION NO. 4385 OF 2009 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. DATE :09/09/2011 PER COURT : 1. This is an application for withdrawal of the amount of Rs. 1,80,232/- deposited by non applicant no. 1 pursuant to the order passed by this Court. 2. Mrs. Renuka Ghule, the learned counsel for respondent no. 1 strenuously opposed the application on the ground that non applicant no. 1 is not liable to pay the amount. Non applicant no. 1 was not party to the main proceedings and could not have been saddled with the liability in the proceedings U/s 33 ( C ) (2) of Industrial Disputes Act. According to the learned counsel, the applicant can proceed against non applicant no. 2, against whom the order has become final. 3. The Writ Petition is admitted. Under any 2 CA 10308.2011 in WP 4385.2009 circumstance, the applicant is entitled for the amount. It is not disputed that the deceased husband of the applicant was an employee of non applicant no. 1 and non applicant had leased the said business to non applicant no. 2 for ten ( 10 ) years and thereafter had taken back the said business. It is the contention of the applicant that non applicant no. 1 has taken back the business along with all assets and liabilities and so non applicant no. 1 is also liable. Be that as it may. The same would be decided at the time of final hearing. Even if non applicant no. 1 succeeds in the petition, still it can recover the amount from non applicant no. 2. 4. In the result, I allow the applicant to withdraw the amount of Rs. 1,00,000/- on furnishing an undertaking to this Court that in the event the applicant is directed to deposit the amount after the Writ Petition is decided, then the applicant would deposit the same within the period of one ( 1 ) month. The remaining amount of Rs. 80,232/- be kept in fixed deposit of any nationalized bank. The Civil Application is disposed of. [ S.V. GANGAPURWALA, J.] KNP/CA 10308.2011 in WP 4385.2009 3 CA 10308.2011 in WP 4385.2009