1 CA 16822.10 in S.A. 225.2006 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 16822 OF 2010 IN SECOND APPEAL NO. 225 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V.GANGAPURWALA, J. DATE : 10/12/2010 PER COURT : 1. This is an application seeking withdrawal of Rs. 48,000/- deposited by the non applicant. The Suit filed by the present applicant for arrears of salary has been decreed by both the Courts. The non applicant has assailed the said decree in the present Second Appeal. The Second Appeal is admitted. 2. It would be in nobody’s interest to keep the amount idle in the Court. As the Courts below on merits have held that the present applicant to be entitled to the amount. Prima facie, at this stage, there is no impediment to 2 CA 16822.10 in S.A. 225.2006 allow the applicant to withdraw the said amount. However, the rights of the non applicant also would be required to be safe- guarded. 3. In light of the same, I pass the following order. (i) The applicant is allowed to withdraw the amount of Rs. 48,000/- (Rupees Forty Eight Thousand only ) deposited by the non applicant on furnishing the solvent security of the like amount. [ S.V. GANGAPURWALA ] JUDGE knp/CA 16822.10 in SA 225.2006