( 1 ) lpa330.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 330 OF 2010 IN WRIT PETITION NO. 8692 OF 2010 Ambajogai Sahakari Sakhar Karkhana Ltd. & Anr... Appellants Versus Shankar s/o. Shesherao Pawar .. Respondent Mr. T.G. Gaikwad, Advocate for the appellants. Mr. M.S. Kokate, Advocate for sole respondent. CORAM : D.B. BHOSALE & R.M. BORDE,JJ. DATED : 23.02.2011 P.C. :- 1. Heard learned Counsel for the parties. In this appeal, the appellant-Sugar Factory has impugned the following order, passed by the learned Single Judge, in Writ Petition No. 8692 of 2010:- “2. The petitioners to deposit the amount of Rs. 3,10,921/- in this Court within a period of four weeks from today. Failure to deposit the amount within the stipulated period, may entail an order of dismissal of the petition on that count alone.” ( 2 ) lpa330.10 2. This Court on 14th December, 2010 recorded statement of learned Counsel for the appellants that the appellants would deposit an amount of Rs.2.50 Lakhs in this Court. Accordingly, the amount has been deposited by the appellant. On 21.12.2010 this Court passed the following order :- “5. As the Writ Petition is listed on 10.1.2011 and in view of the fact that the petitioner has deposited an amount of Rs. 2,50,000/-, we grant ad-interim stay to the order passed by the executing court in respect of attachment of Bank accounts of the Karkhana, with State Bank of India, Branch Ambajogai and the Peopoes Cooperative Bank Limited, Ambajogai, till 17.1.2011. The rest of the contentions are to be addressed by the parties before the learned Single Judge in Writ Petition No. 8692 of 2010. First on Board. The respondent shall not withdraw the amount of Rs. 2,50,000/- deposited in this Court until further orders passed by the learned Single Judge.” 3. In view of the aforesaid order passed in the ( 3 ) lpa330.10 appeal, learned Counsel for the appellants submitted that the amount that was directed to be deposited, by the learned Single Judge vide order dated 30.11.2010, may kindly be reduced to Rs. 2,50,000/-. Learned Counsel for the respondent has not opposed the submission/prayer of learned Counsel for the appellants. 4. Keeping that in view and considering the order passed in this appeal, we modify the order dated 30.11.2010 and reduce the amount from Rs. 3,10,921/- to Rs. 2.50 Lakhs. It is made clear that the respondent shall not withdraw the amount of Rs. 2.50 Lakhs deposited in this Court, until they are allowed to withdraw the said amount by the learned Single Judge in Writ Petition No. 8692 of 2010. 5. With these observations, the Letters Patent Appeal is disposed of. [R.M. BORDE,J.] [D.B. BHOSALE,J.] snk/2011/FEB11/lpa330.10