1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1043 OF 2009 Bharat Sanchar Nigam Ltd. ..Petitioner. V/s. Vinayak Joshi & Ors. ..Respondents. Mr.V.D.Shukla i/b.M/s.Shukla & Associates for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. According to the learned Advocate for the Petitioner, the order in question has been passed without giving notice to the Petitioner. Even so, the fact remains that the order was passed as back as on 1st November, 2007 and has already been acted upon. In the circumstances, no interference in exercise of writ jurisdiction is warranted, except to observe that withdrawal of the amount by the Plaintiff will be subject to the outcome of the suit pending before the Palghar Court and appropriate direction in that behalf be issued by the Trial Court at the final hearing of the suit. If the Petitioner were to succeed before the trial Court, the Trial 2 Court may issue direction to the Plaintiff to bring back the amount already withdrawn alongwith reasonable interest thereon. 2. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)