1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION dgm CAW NO.1508 OF 2008 IN WRIT PETITION NO.1978 OF 1998 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Milind Deshmukh for the applicants. CORAM : R.V. MORE, J. DATED : 08.08.2008 P.C. Heard the learned counsel for the applicants. None appears for the respondent-petitioner. This civil application is filed by the respondent in the writ petition for permission to withdraw the amount of rent deposited by the petitioner in above writ petition pursuant to the order of this court dated 23.4.98. Perusal of order dated 23.4.98 reveals that liberty was given to the respondent to withdraw the aforesaid amount. However, it appears that the 2 respondent failed to withdraw the amount and, therefore, by the subsequent order 4.8.99 the amount was directed to be invested in the Nationalised Bank. As stated above, the petitioner has already deposited the amount and because of failure of the respondent to withdraw the same immediately, the said amount was invested in the Nationalised Bank. The amount which the petitioner was asked to deposit and which is actually deposited was the amount towards rent. In that view of the matter, civil application is allowed in terms of prayer (a). [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]