1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (CAN) NO. 37 OF 2009 IN CONTEMPT PETITION NO. 254 OF 2003 IN WRIT PETITION NO. 1232 OF 2002 ( BHIMRAO VITTHALRAO RAUT...Vs..K.B. RATHOD) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Pendharkar, Sr. Advocate for applicant. Shri S.C.Mehadia, Advocate for Respondent . CORAM : R.C.CHAVAN, J. DATED : JUNE 09, 2009. 1. This is an application for permission to withdraw the sum of Rs.1,09,441/-, deposited by respondent MSRTC in pursuance of order dated 7th August, 2008 passed by this Court. The learned counsel for the respondent Corporation states that though the petition of the Corporation has been dismissed, review application has been filed, which is pending and therefore, wants that the amount should not be repaid to the petitioner, or in any case security should be ordered to be taken before the amount is repaid. 2. Since the amount was ordered to be deposited, without any condition, by order dated 7th 2 August, 2008 and since the amount pertains to the back wages, ordered to be paid by the Labour Court, confirmed, upon revision, by the Industrial Court and left undisturbed by dismissal of the writ petition by this Court, the application is allowed. 3. The applicant is permitted to withdraw the sum of Rs.1,09,441/- deposited by respondent corporation. 4. Needless to mention, should the review filed by the respondent Corporation be allowed, the respondent Corporation would be at liberty to have the money recovered from the respondent. JUDGE RR.