1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.Z. No. 74/2009 in L.P.A.No. 360/2008 Shri Sant Gajanan Maharaj Bahu-Uddeshiya Shikshan Prasarak Mandal, Khaparkheda and another vs. Devendra s/o Bhagwanji Matode and others. ----------- ------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. --------------------------------------------------------------------------------------------------------- CORAM : A.P.Lavande & P.D.Kode,JJ DATE : 25.03.2009 Heard Mr. G.R. Agrawal, learned counsel for the appellants, Mr. Anand Parchure, learned counsel for respondent no.1 and Mrs. Wandile, learned A.G.P. for respondents 2 and 3. By this application the respondent no.1 seeks withdrawal of the amount of Rs. 2,58,641/- deposited by the appellants pursuant to the order passed by this court. This Court by order dated 26.11.2008 admitted the letters patent appeal and granted ad interim relief. Prayer for withdrawal of the amount has been vehemently opposed by Mr. Agrawal, learned counsel for the appellants and Mrs. Wandile, learned A.G.P. for respondent no.2. Considering the facts and circumstances of the case, we permit the respondent no.1 to withdraw the said amount subject to furnishing security to the satisfaction of the Registrar (J) and subject to the condition that in the event the L.P.A. is allowed, the respondent no.1 shall 2` deposit the amount in this court due in terms of the Judgment with interest thereon at the rate of Rs. 8% p.a. within a period of 12 weeks from the date of the Judgment. The respondent no.1 shall also file an undertaking to that effect. Application stands disposed of. JUDGE JUDGE patle