FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 10599 of 2009 (In First Appeal No. 4211 of 2008) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 9TH OCTOBER 2009 1. This is an application for withdrawal of the amount which has been deposited in this court by the appellant, Maharashtra State Road Transport Corporation. 2. Mr. M.K. Goyanka, learned Counsel appearing for non-applicant no. 1, vehemently opposes the application. 3. However, taking into consideration the findings recorded by the learned Judge of the Reference Court, we are inclined to allow the application on certain conditions. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 4. Hence, the application is allowed. The applicants are permitted to withdraw the amount, deposited by the appellant in this court, on furnishing an undertaking in this court, to the effect that in the event it is found that the amount withdrawn by them is in excess of the amount to which they are entitled, they would refund the same. It is made clear that though the cheques shall be issued in the name of both the applicants, in the proportion to which they are entitled, liberty is granted to the applicant no.2 to collect cheque on behalf of both the applicants. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/ca10599