:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5779 OF 1995 Municipal Commissioner for Greater Bombay. ..Petitioner Vs. Shri Balkrishna Ganpat Rane (since deceased) through LRs. 1-A Mrs. Sulochana Balkrishna Rane and ors. ..Respondents Mr. A.J. Bhor i/by Smt. A.H. Chheda and M.R. Kulkarni for petitioner. Mr. K.S. Bapat for respondents. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : February 04, 2008. Date : February 04, 2008. Date : February 04, 2008. P.C.: P.C.: P.C.: 1. Pursuant to the order passed on 15/1/2008 in this petition, Shri Dayanand D. Ramugade, Office Superintendent of the petitioner-Corporation has filed an affidavit. He has stated that an amount of Rs.2,77,777.87 has already been paid to the original respondent towards his retiral benefits. In addition, an amount of Rs.66,479/- was due and payable to the :2: original respondent (since deceased) and out of the said amount Rs.33,000/- have been deposited with the Registry of this court. Thus leaving a balance of Rs.33,479/- to be paid by the Corporation. In addition, an amount of Rs.35,000/- is already lying with the Registry of this court as per the minutes of the order dated 21/12/1995. The said amount has already been invested in fixed deposit. 2. The affidavit further states that by way of rent for the staff quarter till it was surrendered to the Municipal Corporation comes to Rs.65,518/- and out of the same, an amount of Rs.33,479/- is due and payable to the original respondent. If the said amount is adjusted against the rental payment of Rs.65,518/-, the Corporation has yet to recover an amount of Rs.32,039/- from the original respondent. 3. The Registry, therefore, is directed to allow the Corporation to withdraw an amount of Rs.32,039/- and the remaining amount from the invested amount of :3: Rs.35,000/- plus interest accrued thereon shall be allowed to be withdrawn by the original respondent (since deceased), now his LRs i.e. respondent nos.1A to 1D. 4. The petition is disposed off accordingly. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)