1 22 caw 833.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.833 OF 2011 IN WRIT PETITION NO. 1407 OF 2008 Pravin Pandurang Shinde ..Applicant. Vs. Governing Council & Ors. ..Respondents. Mr. Pravin Pandurang Shinde, applicant-party in person. Mr. Sukand Kulkarni for Mr. V.B.Naik for respondent nos.1 and 2. Mr. P.G.Sawant, AGP, ‘B’ Panel, for respondent no.3/State. CORAM : K.K.TATED, J. DATED : 15th April, 2011. PC: 1 Heard Applicant who appeared party in person, the learned counsel appearing on behalf of respondent nos. 1 and 2 and the learned AGP appearing on behalf of respondent no.3. 2 This Civil Application is preferred by original respondent no.1 employee for seeking permission to withdraw a sum of Rs.11,52,083/- deposited by respondent nos.1 and 2 with the Registry of this Court. 3 The case of the Applicant is that he was working as a Lecturer with respondent nos. 1 and 2 original petitioners. He 2 22 caw 833.11.doc came to be terminated on 30th December, 2003. Hence, he preferred an Appeal No.2 of 2004 before the School Tribunal at Pune. The School Tribunal, Pune by an order dated 24th January, 2008 partly allowed the said Appeal. Respondent nos.1 and 2 were inter-alia directed to reinstate the Applicant on his original post with effect from 31st December, 2003 and to pay his salary and other consequential benefits. 4 Being aggrieved thereby, the Petitioner preferred present Writ Petition. In this Petition by an order dated 24th April, 2008, this Court granted Rule and order of the School Tribunal came to be stayed subject to deposit of back-wages in this Court. Pursuant to the said order, respondent nos. 1 and 2-original petitioners deposited sum of Rs.11,52,083/-. The said amount was invested in Nationalised Bank. Thereafter, the Applicant preferred an Application for withdrawal of accrued interest. The said Civil Application was partly allowed by this Court and granted liberty to the Applicant to withdraw accrued interest on the said amount and future interest also. 5 The Applicant preferred the present application for withdrawal of Rs.11,52,083/- on the ground that Housing Development Finance Corporation Ltd. (HDFC Ltd.) issued letter 3 22 caw 833.11.doc dated 29th January, 2011 to the Applicant calling upon him to pay a sum of Rs.3,36,536/- due as on 31st May, 2010 in respect of his loan account. If he failed to do so, the Bank will take possession of his Flat No.10, Mihir Apartments, Plot No.44 CTS No.6274, Pimpri, Near Masulkar Colony, behind Master Bakefood, Pune. 6 The party in person has also annexed the letter from Dr. Dilip M. Kanoj, Pimpri Chinchwad Municipal Corporation’s, Superspeciality Cardiac Care Centre, Pimpri stating that his wife Mrs. Sujata Pravin Shinde is suffering from “Chest Pain and Breathlessness on exertion - TMT - Positive for exercise induced Ischemia”. 7 The party in person states that doctor advised her wife that if necessary they have to perform open heart surgery also. For all this purpose they required said amount. 8 The learned counsel appearing on behalf of respondent nos. 1 and 2 vehemently opposed the present Civil Application, but considering the letter issued by HDFC Ltd. and Dr. Dilip M. Kanoj, dated 17th March, 2011, the learned counsel appearing on behalf of respondent nos. 1 and 2 state that they have no objection if the applicant is allowed to withdraw the sum of 4 22 caw 833.11.doc Rs. 5,00,000/- by furnishing guarantee of any nationalized bank to the satisfaction of the Registry of this Court. 9 The party in person Pravin Pandurang Shinde states that he is ready and willing to provide the Bank Guarantee to the satisfaction of the Registry of this Court for withdrawing a sum of Rs.5,00,000/-. As the party in person undertakes to provide the bank guarantee to the satisfaction of the Registry of this Court for withdrawing sum of Rs.5,00,000/-, Civil Application is allowed in following terms: i) The Applicant is allowed to withdraw a sum of Rs.5,00,000/- deposited by respondent nos. 1 and 2 in this Court on furnishing Bank Guarantee of any Nationalised Bank to the satisfaction of the Registry of this Court. ii) The Applicant giving undertaking with the Registry that he will keep alive the said Bank Guarantee till the hearing and final disposal of the Writ Petition and or till further orders. 10 Civil Application is disposed of accordingly. (K.K.Tated, J.)