1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 1048 /2010 IN WRIT PETITION NO. 2380/2001 (Dismissed) (Suresh Gopalrao Joshi vs.allahabad Bank and another ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Ms. Mayuri Deshmukh, Adv. for applicant Mr K K Pillai, Adv.for non-applicant no1. None for non-applicant no.2 ... CORAM : PRASANNA B.VARALE, J. DATED : APRIL 23, 2010. 1. Heard. 2. This is an application for withdrawal of the amount which was deposited by the petitioner towards gratuity. Learned Advocate for non-applicant no.1 opposes the application tooth and nail. This Court by order dated 21.1.2002 granted “Rule” and directed the petitioner to deposit the full amount of gratuity. Apropos the said order, an amount of Rs. 38, 215/- was deposited towards gratuity. Learned Advocate for non- applicant no.1 submits that entitlement of the gratuity itself is under dispute and, as such, prays for hearing of the petition and vociferously opposes withdrawal of the amount. The Writ Petition is of the year 2001. This Court is hearing the matters of 2003 and, as such, the Petition of 2001 would be placed for hearing in its due 2 course. 3. For the reasons stated in the application, Civil Application is allowed and the amount of gratuity is allowed to withdraw; subject to furnishing appropriate bank guarantee of a nationalized Bank and in accordance with the terms and conditions of the Registry of this Court. JUDGE sahare