1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.6855/2007 In Writ Petition No.1697/2007 [The Maharashtra State Electricity Distribution Company Limited .vrs. Avinash Bajirao Khokale and another] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. LAVANDE AND P.D. KODE, JJ. DATED : JULY 22, 2009. Heard Mr. Moharir, learned counsel with Mr. M.D. Lakhey, learned counsel for the petitioner and Mr. S.V. Sirpurkar, learned counsel for respondent no.1. By this application respondent no.1 seeks modification of order dated 17.7.2007 granting interim relief in terms of prayer clause (iv). In terms of the order dated 29.9.2005 passed by the appellate authority, respondent no.1 is entitled to receive the amount of Rs. 1,13,603/-. It is the case of respondent no.1 that the amount be paid to respondent no.1 subject to furnishing 2 security and by imposing appropriate conditions. The prayer has been opposed by Mr. Moharir, appearing for the petitioner. Having heard the learned counsel for the petitioner and learned counsel for respondent no.1, we pass the following order : (i) The petitioner is directed to deposit an amount of Rs.1,13,603/- in this court within a period of four weeks. (ii) Liberty to respondent no.1 to withdraw the said amount by furnishing security to the satisfaction of the Registrar (Judicial) of this Court. (iii) In the event the petition is decided against respondent no.1, respondent no.1 shall refund the amount due in terms of the judgment with interest thereon at the rate of 9% per annum within a period of four weeks from the date of judgment and respondent no.1 shall file an undertaking to that effect before withdrawal of the amount. Application stands disposed of. JUDGE JUDGE Gulande