1 wp 7040.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7040 OF 2011 Toranmal Hill Resorts Pvt. Ltd. A Company incorporated under the Companies Act, 1956 having it's Office at Post Toranmal, Tq. Akranimahal, Dist. Nandurbar Through it's Authorized Signatory Jamsing S/o Shantilal Patil .. Petitioner Versus M/s Maharashtra Tourism Development Corporation Ltd. a company incorporated under the Companies Act, 1956, having it's registered office at 9th Floor, Express Towers, 9th Floor, Nariman Point Mumbai and R. O. at Paryatan Bhavan, Agra Road, Near Government Guest House, Nashik. .. Respondent Shri P. R. Patil, Advocate for the Petitioner. Shri Rajendra Deshmukh, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. 2 wp 7040.11 ORAL JUDGMENT : . Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 2. Shri Patil, the learned counsel for the petitioner submits that the petitioner has complied with the order dated 15th September, 2011 passed by this Court and has deposited an amount of Rs. 16,00,000/- (Rs. Sixteen Lakh only). This Court had granted ad-interim stay to the operative Clauses "A" and "B" of the impugned order. 2. Shri Deshmukh, the learned counsel for the respondent submits that the respondent be allowed to withdraw the said amount as it is entitled for the same. 3. I do not feel it appropriate to enter into the merits of the matter. At this stage, the interest of justice would be sub-served if the petition is disposed of in terms of interim relief granted on 15th September, 2011. 4. In view of the fact that Rs. 16,00,000/- (Rs. Sixteen Lakh only) are already deposited, operative Clauses "A" and "B" of the 3 wp 7040.11 order dated 17th August, 2011 stands set aside. The present respondent is entitled to withdraw the amount of Rs. 16,00,000/- (Rs. Sixteen Lakh only) deposited by the petitioner in this Court. The said withdrawal would be subject to the decision of the appeal pending with the District Judge at Shahada. Rule is made absolute in above terms. No cost. 5. Needless to state that all the contentions raised by the parties are kept open. The District Judge shall decide the appeal as expeditiously as possible. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11