IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2632 OF2008 IN WRIT PETITION NO.6823 OF 2006 Narayan C. Perdal ...Applicant (Org.Respondent) Vs. Prakash Mathurdas Jaising and Others ... Respondents (Org. Petitioners) --- Shri M.M. Thorat for Applicant Shri S.J. Rayrikar, AGP for Respondent No.3 ---- CORAM: V.M. KANADE J. DATED 14TH JULY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. None appears on behalf of the Respondent Nos. 1 and 2 though they have been served. 2. This is an application seeking leave of this Court to withdraw the amount of Rs.1,32,000/- which is deposited by the Petitioners herein pursuant to the order passed by this Court. 3. The petition has been dismissed for want of prosecution since the Petitioners or their Counsel did not present on number of dates and, therefore, by order dated 7th December, 2007, the petition has been dismissed. No application has been filed by the Petitioners for restoration of the said application. 4. The learned Counsel appearing on behalf of the Applicant submits that the recovery certificate was issued in favour of the Applicant herein for recovery of the said amount. Thereafter, this Court has directed the Original Petitioners to deposit this amount and, therefore, accordingly, this amount is deposited. It is submitted that since the recovery certificate has been issued in favour of the Applicant herein they may be permitted to withdraw this amount subject to the conditions being imposed by this Court. 5. The Respondent herein- Original Petitioners had filed the petition challenging the order of the Labour Court, which had directed payment of backwages and during the pendency of this petition an order was passed by this Court directing the Respondents herein to deposit the said amount. 6. In view of the peculiar facts and circumstances, therefore, in my view, the Applicant may be permitted to withdraw the amount deposited by the Respondents herein. Accordingly, the application is allowed in terms of prayer clause (a) subject to the condition that the Applicant shall execute an indemnity bond that in the event any further orders are passed by this Court, they shall return the said amount. Upon such indemnity bond being executed, the Applicant shall be permitted to withdraw this amount along with interest which is accrued on the said amount. 7. Civil Application is disposed of. (V.M. KANADE J.)