1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 486 OF 2011. AND CIVIL APPLICATOIN (W) NO. 1509 OF 2011. IN WRIT PETITION NO. 2164 OF 2003 (D). State of Maharashtra, thr. Secretary, Government of Maharashtra, Mantralaya, Mumbai and another. . Vrs. Kisanlal Madanlal Vyas. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Shri. N.R. Saboo, Advocate for respondent. Shri. Kankale, Addl. Government Pleader for petitioners.) CORAM : B. P. DHARMADHIKARI, & P.D.KODE, J J. DATED : 15th July, 2011. Heard. The order of Maharashtra Administrative Tribunal granting terminal benefits of respondent was questioned in Writ Petition No. 2164 of 2003 and that Writ Petition has been dismissed on 15.01.2007. The amount of terminal benefits worth Rs. 2,46,947/- has been deposited by petitioners with the Registry of this 2 Court and Civil Application (W) No. 486 of 2011 is moved by respondent for withdrawing that amount. Thereafter, Civil Application (W) No. 1509 of 2011 is moved for restoration of Writ Petition which is dismissed in default and also for permission to pay costs. Shri Kankale, learned Addl. Government Pleader points out that, Writ Petition was dismissed on 17th November, 2006 and then was restored on 21st November, 2006, subject to payment of costs of Rs 500/-(Rs. Five Hundred). As that amount of costs could not be paid within two months as stipulated in that order the Writ Petition could not be restored. He, therefore, states that time to deposit costs should be extended and if costs are deposited the Writ Petition should be restored. Shri. Saboo, learned Counsel for the respondent points out that, respondent is now 72 years old and has not got terminal benefits till date, in view of order passed by Maharashtra Administrative Tribunal, Nagpur. 3 As we do not find any malafide on the part of State of Maharashtra and its Superintending Engineer, subject to costs of payment of Rs 5000/- (Rs. Five Thousand) by petitioners to respondent within a period three weeks from today. The prayer made in Civil Application (W) No. 1509 of 2011, stand granted after the costs of Rs.5000/- (Rs. Five Thousand) are paid to respondent during said period and also costs of amount of Rs 500/- (Rs. Five Hundred) is deposited with High Court Bar Association Library as per orders dated 21st November 2006. If both these payments are complete, the prayers made in Civil Application (W) No. 1509 of 2011 shall stand granted and Writ Petition No 2164 of 2003, shall stand restored. In that event, considering the fact that, respondent is senior citizen, office shall place the matter for final hearing immediately. If the total costs of amount of Rs.5500/-(Rs. Five Thousand Five Hundred) as mentioned above is paid by original petitioners, Civil application (W) No. 486 of 2011 shall stand rejected. However, if the costs are not paid 4 within stipulated time as mentioned above the prayers made in Civil Application (W) No 486 of 2011 shall stand granted. Thus, both the applications are disposed of. JUDGE JUDGE Deshmukh.