1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. No. 2759/2008 in WP No. 1151/97 (decided) Ravikant s/o Tarachand Madankar Vs. The Presiding Officer and another. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 11/06/2008. Heard Mr. I.N. Choudhari, learned counsel for the petitioner and Mr. Paliwal, learned counsel for respondent nos. 3 and 4 and Mr. Patel, learned A. G. P. for respondent no.2. By this application, the petitioner-applicant seeks withdrawal of amount of Rs. 40,096/- deposited by respondent no.3 in terms of the order dated 19.8.1998. Having heard learned counsel for the parties and considering the facts and circumstances of the case, the applicant is allowed to withdraw the said amount, subject to the applicant furnishing undertaking to this Court that in case if ultimately the petitioner fails he will return the amount to respondent no.3 along with interest @ 6% per annum. In view of the above, the application is allowed. The applicant is allowed to withdraw the amount of 2 Rs. 40,096/-, subject to furnishing undertaking as above. Application stands disposed of with no order as to costs. JUDGE Ambulkar.