1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.303 of 2010 IN WRIT PETITON NO. 699 OF 1999. Union of India, through General Manager, Western Railway, Mumbai Central, Mumbai. ..Petitioners. v/s. Shri R.Y. Shukla & Ors. ..Respondents. And Arvind S/o. B.D. Rai. ..Applicant. .... Mr. Suresh Kumar, for Petitioners. Mr.V.M. Parkar, for Applicant. .... CORAM : S.J. KATHAWALLA, J. DATE : 27TH AUGUST 2010. P.C. By this Notice of Motion, the Applicant seeks permission of this Court to withdraw the amount deposited with the Prothonotary and Senior Master by the Union of India along with interest accrued thereon, if any. 2. Similar Notice of Motion No. 457 of 2009 in Writ Petition No. 585 of 1999 is allowed by my Learned Brother Judge Dr. D.Y. Chandrachud, J. vide his detailed order dated 10th November 2009. By the said order, the Learned Judge had stayed the enforcement of his order upto 28th January 2010 to enable the Union 2 of India to pursue its remedies against the judgments dated 5th January 2009 and 22nd September 2009. However, the Union of India failed to do so and has dispersed the payments to the employees as per the order of this Court dated 10th November 2009. 3. The Union of India has subsequently filed S.L.P. alongwith the Application for condonation of delay. The Hon’ble Supreme Court by its order dated 30th July 2010 has issued notice on the Application for condonation of delay as well as on the S.L.P. However, there are no orders passed till date in favour of the Union of India. 4. Some of the employees over the years have expired. Their widows as well as legal heirs are in dire need of funds. In view thereof, the Notice of Motion is allowed in terms of prayer clause (a). However, the Prothonotary and Senior Master of this Court shall hand over the amount to the Applicant, i.e. the son of Respondent No.20 only upon being satisfied about his identity and after he furnishes consent letters from the other heirs of Respondent No.20, executes necessary indemnity and undertakes that he will bring back the amount if there are any orders passed to this effect by any Court in future. 5. Notice of Motion is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]