1 5.caw2499.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2499 OF 2011 IN WRIT PETITION NO. 2546 OF 2011 Karnala Nagari Sahakari Bank Ltd. & Anr. ....Applicants. Vs. Shri Narayan Gajanan Thakur & ors. ....Respondents Mr. C.G. Gavnekar, Advocate for applicants. Mr. S.A. Pawar, Advocate for Respondent No. 1. Mr. S.D. Rayrikar, AGP for Respondent Nos. 2 and 7. CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 1, 2011 P.C. 1. Heard Mr. Gavnekar, Advocate for the Applicant, Mr. Pawar, Advocate for Respondent No. 1 and Mr. Rayrikar, AGP for Respondent Nos. 2 and 7. 2. Rule. Rule made returnable forthwith by consent of the parties. Service of rule on the other Respondents is waived since the Respondent No. 1 is the contesting Respondent. 2 5.caw2499.11 3. Affidavit in reply filed by the Respondent No.1 is taken on record. Perused the Order dated 12th August, 2011 passed by A. S. Oka, J while admitting the Writ Petition. Pursuant to this order the Respondent No. 1 has already deposited a sum of Rs. One Crore One Lakh in this court. Mr. Pawar, Advocate for the Respondent No. 1 opposes the application by contending that there is deliberate suppression of facts from this Court and the fact that the Bank has recovered Rs. 26 Lakhs from L.I.C. Policies of the Respondent No. 1 had been suppressed earlier. It is true that the earlier order notes that not a farthing has been paid by the Respondent No. 1 or the guarantor or borrower. However, that is not the basis on which the Order dated 12th August, 2011 was passed. That order was passed essentially on account of the fact that the auction purchaser had deposited a sum of Rs. One Crore One Lakh. According to the Bank, the dues as on today are more than Rs. 4 Crores. 4. If the amount is allowed to keep lying in this court, interest will not stop. The dues of the Bank are more than Rs. 4 Crores under the Recovery certificate which has already attained finality. In view of this, it would be just and proper to permit the Applicant Bank to withdraw the 3 5.caw2499.11 sum of Rs. One Crore One Lakh deposited by the Respondent No. 1 in this court subject to the condition that in case the Writ Petition is allowed and an order for directing redeposit of the said amount is passed, the Bank will abide by such direction including direction for payment of interest on the amount which is allowed to be withdrawn at such rates, as may be decided by this Court. Subject to this condition, the amount can be allowed to be withdrawn by the Bank. 5. Rule is therefore made absolute in terms of prayer clause (a), subject to the aforesaid condition. 6. Copy of this order shall be retained in the order-sheet of the Writ Petition. (GIRISH GODBOLE, J)