1 wp9041-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9041 OF 2010 Jaysingrao Anandrao Patil .. Petitioner versus Annasaheb Cougule Urban Co- operative Bank Ltd & Anr .. Respondents Mr.Vijay Killedar for the petitioners. None for the respondents. CORAM : S.C.DHARMADHIKARI, J. 12th September 2011. P.C.: . Heard Mr.Killedar appearing on behalf of the petitioner. None appears for the respondent. It is stated by Mr.Killedar that pursuant to order dated 30th November 2010, the petitioner has deposited a sum of Rs.2,00,000/- in the Court below. Subsequently, the petitioner forwarded a proposal for overall settlement and it is under consideration of 1st respondent-Co-operative Bank. To enable the petitioner to pay the money in terms of the proposed settlement, the petitioner may be allowed to withdraw the sum that is deposited in Co-operative Court with accrued interest. He submits that the application for clarification is made only to clarify that once the petition is withdrawn, the amount cannot be retained in the Court below. This Court has not permitted the 1st respondent-Bank to 2 wp9041-10.doc withdraw the sum, nor has the 1st respondent-Bank made this request at any time. 2 To my mind, once the petition is allowed to be withdrawn, then, all interim orders and protections automatically stand vacated, if not continued or extended. In such circumstances, the deposit which enures for the benefit of this petition cannot continue further. The 1st respondent has not made any request for withdrawal of the sum. In these circumstances, when the petitioner has deposited the sum and the monies prima facie belong to him, then, the Co- operative Court should have allowed the petitioner to withdraw the sum deposited with it by the petitioner. It is clarified that the order passed permitting withdrawal of the petition also enables the petitioner to withdraw the sum deposited in the Co-operative Court with the accrued interest. The concerned Official of the Co- operative Court to allow the petitioner to withdraw the sum deposited by him on production of an authenticated copy of this order. The application for speaking to the minutes is disposed off. (S.C.DHARMADHIKARI, J)