1 cra772-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL REVISION APPLICATION NO.772 OF 2011 Central Bank of India .. Applicant V/s. The Indian National Press (Bombay) Private Ltd. .. Respondent ..... Mr. G. S. Bhat for the applicant. Ms. Sowmya Srikrishna i/b. Mrs. Anita V. Acharye for the respondent. ..... CORAM : A.S.OKA, J. DATE : NOVEMBER 16, 2011. P.C.: Not on board. Taken on board. 2. The delay in carrying out amendment which is already carried out is condoned. 3. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent. The challenge in this revision application is to the order dated 30th September, 2011 by which the respondent was permitted to withdraw the amount deposited by the applicant. The authorized officer of the respondent has filed an undertaking dated 16th November, 2011 which is taken on record and 2 cra772-11 marked “X” for identification. The applicant has failed in the Appeal. Application for fixing mense profit is pending. In view of the undertaking the applicant is protected. The respondent will have to be permitted to withdraw the amount in terms of the impugned order in view of the undertaking tendered today. 4. Hence, I pass the following order: :: O R D E R :: i. The undertaking dated 16th November, 2011 signed by Mr. P. S. Venkateshwaran, General Manager – Administration of the respondent is accepted. ii. Subject to what is stated in the undertaking it will be open for the respondent to withdraw the amount which is permitted to be withdrawn under the impugned order dated 30th September, 2011. iii. It is clarified that withdrawal permitted is of the amount invested in the Fixed Deposit with the applicant together with interest accrued thereon. The amount was ordered to be kept 3 cra772-11 deposited in Fixed Deposit under the interim order passed in Appeal. iv. Revision Application is disposed of on above terms. (A.S.OKA, J.)