CA 9915/10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9915 OF 2010 IN WRIT PETITION NO. 6604 OF 2008 M/s. Namdhari Constructions Company ....Applicant. Versus Godawari Marathwada Irrigation Development Corporation ....Respondent. Mr. J.N. Singh, Advocate for applicant. Mr. S.S. Choudhari, Advocate for respondent. CORAM : A.A.SAYED, J. DATED : 16th December, 2010. PER COURT : 1. This Civil Application is for permitting the applicant to withdraw an amount of Rs. 56,20,937/- deposited by the non-applicant/original petitioner - Godawari Marathwada Irrigation Development Corporation in this Court. 2. The award dated 29.04.2005 which was passed by the arbitrator in the arbitration between the parties was for an amount of Rs. 35,52,885/- with future interest at the rate of 12% p.a. By order dated 9.12.2010 time was granted to the non-applicant/original petitioner to take instructions as what is the quantum of disputed amount and the quantum of undisputed amount. 3. However, today the learned counsel for the non- CA 9915/10 2 applicant/original petitioner informs the Court that instead of deciding the Civil Application, let the petition itself be decided on some fixed date. The learned counsel for the applicant opposes the grant of further time and states that the hearing of the petition may take sometime as the Court may not immediately be able to take up the matter for hearing and the Civil Application may be decided. He submits that the learned counsel for the applicant ought to have taken instructions as per order dated 9.12.2010 and informed the Court accordingly and it is not fair on part of the non applicants to not come out with the figures of the undisputed amount as directed by this Court. 4. The learned counsel submits that at one point of time the non- applicant/original petitioner had agreed to pay sum of Rs. 41,00,000/- and therefore, that amount should be taken as undisputed amount. The learned counsel for the non-applicant/original petitioner disputes the position and submits that, that amount was agreed to be paid in full and final settlement and that was without prejudice to the rights and contentions of the parties. 5. Be that as it may, since there is an award in favour of the applicant to the extent of Rs. 35,53,885/- with future interest under the contract in respect of the works which was carried out by the applicant and an amount of Rs. 56,20,937/- is deposited by the non applicants/petitioners in the Court under order of this Court, and the non applicants/ CA 9915/10 3 petitioners are not coming out with the figure of the undisputed amount inspite of the directions of this Court, I am inclined to partly allow the Civil Application by allowing the applicant to withdraw the award amount of Rs. 35,52,885/-. Hence, the following order. O R D E R (i) The applicant is allowed to withdraw 50% of the award amount of Rs. 35,52,885/- without security and balance 50% of the principal amount of Rs. 35,52,885/- by furnishing a Bank Guarantee of a Nationalized Bank to the satisfaction of the Registrar of this Court. In respect of the 50% amount which is to be withdrawn without security, the Applicant shall furnish an Undertaking to this Court within 4 weeks to bring back the amount if so ordered by the Court. The Bank Guarantee given by the applicant shall be kept alive pending this petition and for the period of two months thereafter. (ii) As far as the difference between the amount deposited in this Court of Rs. 56,20,937/- (and accrued interest) and the principal amount of Rs. 35,52,885/-, the same shall be invested by the Registry in accordance with Circulars issued by this Court from time to time. (iii) Civil Application is disposed of accordingly. No order as to costs. [ A. A. SAYED, J. ] ssc/ca9915.10