1 2CAW.1250-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1250 OF 2011 IN WRIT PETITION NO.7423 OF 2008 Udaysingraogaikwad Sahakari Sakhar Karkhana Ltd., ..Applicant. [Orig. Respondent No.1] Vs. Shree Renuka Sugars Ltd., & Ors. ..Respondents. .... Ms.Tanaya Dayal, i/b. Dinesh Kadam, for the Applicant. Mr.J.Shekhar, i/b. J. Shekhar & Co. for Respondent No.2. Mr.A.A. Kumbhakoni, a/w. S.P. Thorat for Respondent No.1. Mrs.M.P. Thakur, AGP for Respondent Nos.3 to 5. .... WITH CIVIL APPLICATION NO.1441 OF 2011 IN WRIT PETITION NO.7423 OF 2008 Shree Renuka Sugars Ltd., ..Applicant Vs. Shri Shyamrao Gopala Nangre­Patil and others. ..Respondents. .... Mr.A.A. Kumbhakoni, a/w. S.P. Thorat for the Applicant. Ms.Tanaya Dayal, i/b. Dinesh Kadam, for Respondent No.5. Mr.J.Shekhar i/b. J. Shekhar & Co. for Respondent No.1. Mrs.M.P. Thakur, AGP for Respondent Nos.6 to 8. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 03 rd AUGUST, 2011 PPD 2 2CAW.1250-11 P.C. CIVIL APPLICATION NO.1250 OF 2011 1. Civil Application No.1250 of 2011 is moved by the original Respondent No.1 in Writ Petition No.7423 of 2008 for withdrawal of the amount of Rs.44,70,800/­, deposited in this Court by original Respondent No.2 pursuant to the order dated 17.1.2009. Para­10 of the said order dated 17.1.2009 reads thus :­ “10. Since we have noted that the tender process has not been followed while giving factory to respondent no.2, however we note atleast one of the intervenor before us who is ready to offer Rs.100/­ per matric ton and therefore we direct respondent no.2 to deposit in this court before the closure of the crushing season an amount at the rate of Rs.20/­ per matric ton in respect of the total crushing which has been carried out by respondent nos 1 and 2 in this season.” 2. Learned Counsel for the Applicant submitted that Respondent No.1 has entered into manufacturing contract with Respondent No.2 and, therefore, the Applicant is entitled to withdraw the said amount. 3. It is not in dispute that Writ Petition No.7423 of 2008 has 3 2CAW.1250-11 been admitted by this Court and is pending for final disposal. In these circumstances, it is not possible for us to grant the request of the Applicant made in Civil Application unless and until adjudication on the merits in respect of the issues involved in the Writ Petition is done by this Court. In the circumstances, Civil Application No.1250/2011 is dismissed. CIVIL APPLICATION NO.1441 OF 2011: 4. Original Respondent No.2 has filed Civil Application No.1441 of 2011. Learned Counsel for the Applicant states that in view of the order passed by this Court in Civil Application No.1250 of 2011, the Applicant does not want to press this Civil Application at this stage. In the circumstances, Civil Application No.1441 of 2011 is disposed of as not pressed. (D. D. SINHA, J.) (A. R. JOSHI, J.)