-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8558 OF 2007 NO.8558 OF 2007 NO.8558 OF 2007 Mohan R. Kulkarni ...Petitioner v/s The District and Sessions Judge, District and Sessions Court, Satara ...Respondent Mr Vaibhav Patankar for Petitioner. Mr S.R. Nargolkar, AGP for Respondent. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 21ST JULY 2008. -2- P.C. :- 1. By this petition, the petitioner who is working as Senior Clerk in the Court of District and Sessions Judge, Satara, challenges the order by which an amount of Rs.94,321/- is directed to be deducted from the provident fund payable to the petitioner. It is common ground that the amount could not have been directed to be deducted from the provident fund of the petitioner. The petitioner has already deposited the said amount in this Court. In our opinion, therefore, considering that the learned Assistant Government Pleader stated before us that the respondent proposes to file a civil suit for recovery of the aforesaid amount from the petitioner, following order would meet the ends of justice. 2. The respondent is restrained from recovering the amount of Rs.94,321/- from the amount of provident fund payable to the petitioner, subject to any order that the Civil Court may pass in case civil suit is filed by the respondent. 3. The Office shall permit the petitioner to withdraw the amount of Rs.94,321/- with accruals if any on his filing an undertaking in this Court that in case -3- the respondent files civil suit for recovery of the amount from him and in case the Civil Judge makes either interim or final order directing the petitioner either to pay this amount to the respondent or to deposit the amount in the Court of Civil Judge, the petitioner will comply with the order within a period of four weeks from the date on which the order is made subject to his right to challenge the said order. The undertaking to be filed within one week from today. In case the undertaking is not filed within the aforesaid period, the Office shall hold that amount for a period of eight weeks. If the respondent files civil suit and the Office receives the order from the competent Court, the Office shall deal with that amount as per the order. If no such order from the Court is received, the petitioner shall be free to withdraw the amount without filing undertaking. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)