-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1742 OF 2009 IN WRIT PETITION NO. 2049 OF 2001 Bank of Baroda Employees Amarjyoti Co-op. Hsg. Society ltd. ..Applicant. Versus P. N. Sonara and others. ..Respondents. Mr. S. S. Redkar i/b Mr. A. V. Mahadik for the applicant. Mr. S. D. Rayrikar, AGP for respondent nos. 2 & 3. Coram : R. V. MORE, J. Date : April 5, 2010. P. C. : 1. Heard learned counsel for the applicant and learned AGP for respondent nos. 2 & 3. None appears for respondent no.1 despite service. 2. The first respondent filed above writ petition challenging various orders passed by respondent nos. 2 & 3 pursuant to the recovery certificate granted under section 101 of the MCS Act for recovery of an amount of Rs. 16,000/-. By the order dated 11th April 2001 stay in terms of prayer clause (c) of the writ petition was granted subject to respondent no.1’s depositing the amount due and payable. Respondent no.1 thereafter accordingly deposited the amount of Rs.16,000/- in this Court. On 6th April 2005 the above writ petition came to be dismissed on merits. Learned counsel for the applicant makes a statement that this order 6th April 2005 dismissing the writ -: 2 :- petition is not challenged by respondent no.1 before the higher court. Thus, the order granting recovery certificate under section 101 of the MCS Act has attained finality. The applicant is therefore entitled to withdraw the amount of Rs.16,000/- deposited by respondent no.1 towards the dues payable under the recovery certificate. The applicant is also entitled for interest accrued on the said amount. In the circumstances, Civil application is allowed in terms of prayer clause (a). (R.V. MORE, J.)