THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 06-07-2010 WRIT APPEAL No. 499 OF 2010 Between: M/s Venkateswara Cold Storage Pvt. Ltd., rep., by its Director, Velagapudi Siva Prasad, S/o. Venkateswara Rao, NH 5 Byepass road, Chilakaluripet Road, Guntur ... APPELLANT AND The District Collector and Magistrate, Guntur, Guntur District and another …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 499 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Although cold storage facility is being availed in pursuance of an agreement against storage charges, yet it has attracted the attention of the respondent 1 on the ground that amount charged is on higher side, consequently demand advanced by the respondent 1 requiring the appellant to deposit the excess amount which according to the learned counsel for the appellant is without jurisdiction, resultantly writ petition against the demand notice which is stayed by the writ Court subject to the condition that 1/3rd of the demanded amount is deposited. Being aggrieved, therefore this writ appeal. Regard being had to the nature of the controversy, we are of the opinion that ends of justice would be met by modifying the order to the effect that instead of depositing the amount, the writ petitioner – appellant shall file a bank guarantee to the extent of 1/3rd of the demanded amount, of course to the satisfaction of the respondent 1. Order is modified accordingly. It goes without saying that in case amount is already deposited, the appellant shall be at liberty to withdraw it, provided he files a bank guarantee to the satisfaction of the respondent 1 failing which protection extended by interim order shall lose its force. Disposed of. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 06-07-2010 K. Shyleshi