1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8498 OF 2009 Shri Mangaldas Krida Va Shikshan Prasarak mandal, Solapur and Shri Mangaldas Mukbadhir Apang (Asthivyanga) Marathi Niwasi Shala, Hatture Nagar, Solapur through its President ... Petitioner v/s 1. Shri Ratilal Manik Dongare 2. District Social Welfare Officer ... Respondents Mr.I.M.Khairdi for for the petitioner. Mr.Ganesh Karmalkar for respondent No.1. Mr.S.D.Rayrikar, A.G.P. for respondent No.2. CORAM: SMT.NISHITA MHATRE, J. DATED: 25TH JUNE, 2010 P.C.: 1. Rule, returnable forthwith by consent. 2. The petition has been filed contending that an amount of Rs.2,70,200/- has been paid to respondent No.1 by the 2nd respondent due to orders of the School Tribunal. It is 2 contended that since the order of the School Tribunal has been set aside and the matter has been remanded by this Court for hearing it afresh, the amount which has been paid over to respondent No.1 should be secured. 3. Admittedly, the School Tribunal by its order dated 4.11.2006 had directed payment of Rs.2,70,200/- from the non-salary grant payable to the school. Accordingly, respondent No.2 paid that amount to respondent No.1. Since the order passed by the School Tribunal was ex-parte, the petitioner preferred Writ Petition No. 7479 of 2006. That writ petition was allowed and the ex-parte order of the School Tribunal was quashed and set aside. The appeal filed by respondent No.1 was remanded to the School Tribunal for hearing it afresh. An application was filed by the petitioner on 6.4.2009 before the School Tribunal praying that the amount disbursed to respondent No.1 should be reimbursed by him or that he should furnish the bank guarantee for the aforesaid amount. The School Tribunal has rejected the application on 12.8.2009 and hence the present petition. 4. The respondent No.1 has filed an undertaking in which he has averred that in the event the School Tribunal decides 3 Appeal No.68 of 2003 in favour of the petitioner, the respondent No.1 will re-deposit/repay the amount with interest at the rate decided by the Court. 5. This undertaking is accepted. In the event respondent No.1 fails in his appeal before the School Tribunal, he shall repay the amount of Rs.2,70,200/- to the petitioner management within eight weeks from the date of the order together with the interest at the rate of 6% per annum from the date of disbursement of the amount to him, till realization. 6. Rule made absolute. No order as to costs. ..... 4