IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 740 OF 2009 CIVIL APPLICATION NO. 740 OF 2009 CIVIL APPLICATION NO. 740 OF 2009 IN IN IN WRIT PETITION NO. 6817 OF 1998 WRIT PETITION NO. 6817 OF 1998 WRIT PETITION NO. 6817 OF 1998 Shri Adagonda Narsgonda Patil ...Applicant (Orig.Respondent No.1) vs. The Chairman/Secretary, Bahubali Vidyapeeth, Bahubali & Ors. ...Respondents Mr.Suresh S. Pakale for the Applicant. Mr.A.P. Vanarase, AGP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : APRIL 16, 2009 DATED : APRIL 16, 2009 DATED : APRIL 16, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and AGP for the State. 2. The applicant seeks permission to withdraw an amount of Rs.34,750/- deposited in this Court by the petitioner alongwith interest which has accrued thereon. 3. The petition was admitted in 1999 and the said amount was deposited in this court by Demand Draft dated 13th July, 2001. It is submitted that the said amount - 2 - is legally due and payable to the applicant and therefore, he should be permitted to withdraw the said amount. 4. Counsel for the respondent, however, disputes this fact and submits that the said aspect is challenged in the writ petition which is pending since 2001. 5. However, since the amount is deposited, no prejudice would be caused to the respondent, if the applicant is directed to furnish adequate security to the satisfaction of the Registrar and hence, the application is allowed in terms of prayer clause (a) subject to the applicant furnishing adequate security to the satisfaction of the Registrar of this Court. The application is disposed of. 6. Hearing of the writ petition is expedited. Place the writ petition on the final hearing board in the week commencing from 22nd June, 2009. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)