- 1 - 909.caw635.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 635 OF 2011 IN WRIT PETITION NO.4017 OF 2010 S.Vishwanathan ..Applicant -Versus- Shrikumar Co-operative Housing Society Limited & Ors. ..Respondents .......... Mr.Abhishek M. Pungaliya for the Applicant. Mr.Neel M.Pungaliya for Respondent No.1. Mr.S.N.Bhosale, AGP for Respondent Nos. 2 & 4. .......... CORAM : RANJIT MORE, J. DATE : 17TH MARCH 2011. P.C. 1 Heard Mr.Abhishek Pungaliya for the Applicant and Mr.Neel Pungaliya for Respondent No.1 and Mr.Bhosale for Respondent Nos.2 & 4. 2 The Civil Application is filed for withdrawal of an amount of Rs. 1,69,792/- alongwith interest. Initially, the Applicant deposited an amount of Rs.4,95,353/- in the Court pursuant to the order dated 6th May 2010 - 2 - 909.caw635.10 passed in Writ Petition No.4017 of 2010. The Writ Petition was later on disposed of on 16th July 2010 with liberty to the Petitioner to approach the Divisional Joint Registrar, Co-operative Societies, Mumbai under Section 154 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘the said Act’) challenging the certificate dated 26th August 2008. The Respondent No.1-Society was also allowed to withdraw the amount equivalent to 50% of the recoverable dues. There is no dispute that Respondent No.1-Society has already withdrawn 50% of the recoverable dues out of the amount deposited by the Applicant in this Court. 3 The Applicant filed the Revision Application in pursuant of the liberty granted to him by order dated 1st October 2010 in the abovesaid Writ Petition. However dispute between the Applicant and the Respondents is amicably settled and Applicant therefore has withdrawn the revision application. 4 The learned counsel appearing for the Applicant states that there are now no dues to the Respondents, in respect of the certificate issued under Section 101 of the said Act on 26th August 2006. The counsel appearing for Respondent No.1-Society does not dispute this statement. - 3 - 909.caw635.10 6 In the above facts and circumstances, the Applicant has prayed for withdrawal of the balance amount of Rs.1,69,792/- alongwith interest accrued thereon, which was deposited in Writ Petition No.4017 of 2010. The learned counsel for Respondent No.1 has no objection if the amount is allowed to be withdrawn. 6 In the above circumstances, the Civil Application is allowed in terms of prayer clause (a). [ RANJIT MORE, J. ] -