-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPL. NO. 1423 OF 2011 IN WRIT PETITION NO. 5428 OF 2010 Sohanlal Ghashiram Oza. ..Applicant. Versus Birdev Sahkari Bank Ltd & Ors ..Respondents. Mr. N. S. Rajeshirkar for the applicant. Mr. Omkar Nagvekar i/b Mr. P. R. Arjunwadkar for respondents. Coram : RANJIT MORE, J. Date : September 14, 2011. P. C. : 1. By this application, the petitioner – applicant is seeking permission to withdraw an amount of Rs.3,33,532/-, which has been deposited by him in this Court on 27/8/2010 pursuant to the order dated 9/8/2010 passed in aforesaid writ petition. 2. By the order dated 9/8/2010, the applicant-petitioner’s statement that he is ready and willing to deposit entire amount of recoverable dues was accepted and notice was issued to the respondents with interim protection to the petitioner. The total recoverable dues as on 9/8/2010 were to the tune of Rs.5 lacs. The applicant did not deposit the total recoverable dues as per the statement made earlier. He deposited only Rs.3,33,532/-. srp -: 2 :- Subsequently, the petition was dismissed by this Court on 20/3/2011. 3. Now, the petitioner has filed the present civil application for withdrawal of amount of Rs.3,33,532/- which he has deposited pursuant to the order passed by this Court. Respondent no.1-Bank has already got the property transferred in its name under the provisions of Section 100 of the MCS Act, 1960 read with Rule-85 of the MCS Rules 1961. Learned counsel for respondent no.1 has no serious objection if the applicant is allowed to withdraw the said amount. In these circumstances, civil application is disposed of by passing following order. -: O R D E R :- (i) The applicant is permitted to withdraw the amount of Rs.3,33,532/- unconditionally, which he has deposited in this Court in aforesaid Writ Petition. (RANJIT MORE, J.)