1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8983 OF 2010 IN APPEAL FROM ORDER NO. 9 OF 1999 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard counsel for the applicant and the respondents. Perused the contents of the application. Counsel appearing for the applicant invited my attention to the contents of the application and submitted that there were in all five partners in the partnership firm. It is not in dispute that amount of Rs.10,00,000/- out of an amount of Rs.15,00,000/- was withdrawn. He further submitted that the present applicant is suffering from serious ailment i.e. brain tumor and he requires the amount for treatment. On the other hand, learned counsel for the respondent invited my attention to the affidavit in reply and submitted that the application for withdrawal of Rs.10,00,000/- was filed on behalf of the partnership firm and not on behalf of the applicant and after withdrawal 2 of the said amount, the same is utilized for paying the Government dues. Learned counsel further invited my attention to clause 18 of the partnership deed and submitted that if the applicant has any grievance at all about the partnership firm then he can approach to the Arbitrator. The Arbitration clause is provided therein. I have heard learned counsel for the applicant and the counsel for the respondents. Perused the contents of the application as also affidavit in reply filed on behalf of the respondents. It is not in dispute that this Court has entertained the application filed on behalf of the other partners of the partnership firm and allowed to withdraw an amount of Rs.10,00,000/-. It is also not in dispute that the present applicant is one of the partner of the partnership firm. It is also not in dispute that the applicant is suffering from serious ailment i.e. brain tumor. Taking into consideration the averments made in the application and in view of the fact that the applicant is real brother of non applicant, is a partner of partnership firm and he is suffering from serious ailment, in the interest of justice, I am inclined to allow this civil application partly. In the result, applicant is permitted to withdrawn an amount of Rs.3,00,000/- out of total amount of Rs.5,60,000/- on the condition 3 that he shall furnish solvent surety to the satisfaction of the Registrar (Judicial) of this Court. Civil application is disposed of. (S. S. SHINDE. J.) Date:24.09.2010. rlj/