1 CA 15927.2010 in Arb.Appeal 16.2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 15927 OF 2010 IN ARBITRATION APPEAL NO. 16 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Thombre, Advocate for the applicants. Mr. A.S.Bajaj, Advocate for the respondent. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 03/12/2010 PER COURT : 1. This is an application seeking stay to the Order dated 12/7/2010 passed by the Principal District Judge, Parbhani below Exh. 56, by virtue of which the Judgment debtor i.e. the present applicant was prohibited from withdrawing the amount in question from its account in State Bank of Hyderabad, Shahgunj Branch, Aurangabad. Pursuant to the orders passed by this Court, the applicant has deposited an amount of Rs. 3,76,87,753/-. The only dispute is about remaining amount. Mr. Thombre, learned counsel 2 CA 15927.2010 in Arb.Appeal 16.2010 claims that the applicant had deducted an amount of Rs. 31,56,200/- on account of TDS, whereas Mr. A.S.Bajaj, learned counsel for the non applicant states that as the amount was not deposited, the interest mount up to Rs. 47,00,684/-. Mr. Thombre, learned counsel states that he would take instructions as to whether the amount deducted towards TDS has been deposited with the Income tax department and if the same is not deposited with the Income tax department, he would deposit the said amount in this Court. The question about the less amount deposited can be determined subsequently. But, as the applicant has already deposited the major portion of the amount and has shown readyness to deposit the remaining amount, as aforesaid, there is no propriety in prohibiting the applicant from withdrawing the amount from its bank account or from operating the same. 2. In that light of the matter, the present Civil Application is allowed in terms of prayer clause ‘ B ’ and is accordingly disposed of. [ S.V. GANGAPURWALA ] JUDGE knp/CA 15927.2010 in Arb.Appeal 16.2010