(1) wp4266-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4266 OF 2011 Aurangabad Zilha Krushi and Auddhugik Bauuddeshiya Sarva Seva Sahakari Santhancha Sahakari Sangh Maryadit, Aurangabad PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. V.B. Garud, advocate for the petitioner. Mr. K.M. Suryawanshi, A.G.P. for the Respondent-State. Mr. Deelip Bankar Patil, advocate for Respondent No. 5. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 28th MARCH, 2012 ORAL ORDER: 1. The petitioner has applied for permission to withdraw the amount of ` 75 lakhs deposited by it in this Court. 2. The petitioner, who had approached this court challenging the allotment of contract in favour (2) wp4266-11 of respondent No. 6, was directed to deposit an amount of ` 75 lakhs in this court to establish its bonafides, which amount was deposited by the petitioner. Finally, in view of the orders passed by this Court, the respondent No. 5 has received an offer of ` 1.61 crores. The said offer is admittedly much more than what was offered by the respondent no. 6. On an earlier occasion, we had postponed the consideration of the petitioner's application since the Apex Court is seized of the matter. We are informed that the Apex Court is still seized of the matter. However, no further orders are passed. 3. Since the petitioner was directed to deposit the aforesaid amount in this court only to establish its bonafides and since it is only on account of the petitioner's intervention that the respondent No. 5 has received an offer of ` 1.61 crores as against the offer of ` 73 lakhs given by the respondent No. 6, we are of the view that there should be no impediment in permitting the petitioner to withdraw the amount deposited by it in this court. Accordingly, the petitioner is allowed to withdraw the amount of (3) wp4266-11 ` 75 lakhs deposited by it in this court, alongwith the interest accrued thereon. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp4266-11