1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No. 67 of 2009 (APPW) In Criminal Writ Petition No. 344 of 2009 ( Mubarakkhan s/o Tamizkhan ..vs.. Ajimabi d/o Ansarullah Khan and another ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. R.J. Mirza, Advocate for the applicant, Mr. D.R. Rupnarayan, Advocate for the non-applicant No.1. CORAM: S. S. SHINDE, J. DATED : 8 th DECEMBER, 2009 1. This application is filed by the original respondent/wife for withdrawal of Rs.38,000/- which is deposited by the petitioner/husband in this Court. 2. The learned Advocate appearing for the original petitioner vehemently opposed the application and submitted that the matter is covered by the judgment of this Court in case of Hashim Huzursab Sayeed v. Goribi Hashim Sayeed and others reported in 2009 ALL MR (Cri) 992 and Karim Abdul Rehman Shaikh v. Shehnaz Karim Shaikh and others reported in 2000(3) Mh.L.J. 555. Therefore, this Court may not entertain this application and prayed that main matter may be taken up for final hearing. 2 3. The learned Advocate appearing for the original petitioner invited my attention to the original writ petition and submitted that this application may not be entertained. 4. After hearing the learned Advocate for the respondent/wife as well as the learned Advocate for the petitioner/husband and after perusal of the contents of the application, I am satisfied that the case is made out for granting the application. Hence, the application is allowed. The respondent/wife is permitted to withdraw the amount of Rs.38,000/- (Rupees Thirty Eight Thousand Only ), which is deposited in this Court by the petitioner/husband on furnishing personal undertaking to that effect. In case petitioner/husband succeeds in Criminal Writ petition No.344/2009, she will bring back money to this Court. 5. The application is allowed and disposed of. JUDGE adgokar