FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4917 OF 2004 IN FIRST APPEAL (ST.) NO. 6220 OF 1993 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is taken out by the respondent in First Appeal praying for withdrawal of the amount of Rs.35,992/- deposited by the opponent - appellant in the Court of C.J.S.D., Jalgaon. 2 Heard Mrs. Ansari, learned Counsel in support of the application and Mr. Korde, learned A.G.P. for the State. The learned Counsel for the applicant submitted that the delay was caused in filing the first appeal. The respondent State Government preferred application for condonation of delay which application was rejected by this Court (Coram: B.B. Vagyani,J) by order dated 5th June, 2002 and since the appeal itself is dismissed, the applicant may be permitted to withdraw the amount so deposited in the trial Court. 3 After hearing the learned Counsel for the parties, in my opinion, the applicant has made out a case for withdrawal of the amount as the first appeal itself is dismissed by refusal to condone the delay. 4 Civil Application is allowed. The applicant is allowed to withdraw the amount of Rs.35,992/- together with interest thereon. Application is disposed of. The parties to act on the copy authenticated by the Court Sheristedar. (R.G. KETKAR, J.) 11.11.2009. PLK/*