Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 433 OF 2008 in WRIT PETITION NO.417 OF 2008 The National Textile Corporation Ltd. ..Petitioner V/s. Prabhakar Vasudeo Wagh ..Respondent None for the petitioner. Mr. N.M.Ganguli for respondent no.1. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 24th October, 2008 : 24th October, 2008 : 24th October, 2008 P.C. . None appears for the petitioner. No reply has been filed to oppose this motion. As the assertion made in the affidavit insupport of the motion has remained uncontroverted, motion is made absolute in terms of prayer clause (a) on condition that the respondent/applicant shall furnish solvent surety in the like amount and file undertaking that he would bring back the amount as may be ordered by the Court including interest for the period from which he has withdrawn the amount till the amount is brought back at such rate as may be directed by the Court at the final hearing of the petition. 2. It is made clear that the respondent/applicant is entitled to withdraw the principal amount deposited by the petitioner as well as the interest accrued thereon, 2 if any, upon giving undertaking to return the entire amount (as withdrawn) alongwith interest, as aforesaid. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]