- 1 - 1-caw-2662-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2662 OF 2011 IN WRIT PETITION NO.5615 OF 2005 Snehal Co-operative Society Ltd. .. Applicant V/s. B. R. Ubale .. Respondent. Mr. S. D. Shinde i/b. Mr. R. D. Motkari, for the Applicant. CORAM: G.S.GODBOLE,J. DATE : 17th DECEMBER, 2011. P.C:- 1 Heard Mr. Motkari for the Applicant. 2 The Application is strongly opposed. The amount of Rs.25,000/- has been invested in a F.D. The original Award against the original Petitioner is to the tune of Rs.35,040/- with interest at 15% per annum from 1st October, 1990. Hence, instead of keeping the amount invested, the Society must be allowed to withdraw the said amount subject to the final out come of the Petition. If the Petition succeeds, the - 2 - 1-caw-2662-2011 Society will have to bring back the amount along with the simple interest at the rate of 10%. 3 Hence, the Civil Application is allowed. The Applicant Society is allowed to withdraw the amount of Rs.25,000/- plus interest accrued thereon subject to the condition that if the Petition finally succeeds, the Society will bring back the amount with simple interest at 10%. 4 Hearing of the Petition is expedited and when the Petitions of the year 2005 are taken up for hearing this Petition should be given priority. 5 This Writ Petition will be heard with Writ Petition No.5623 of 2005. (G.S.GODBOLE,J.)