1 lpa251.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 251 OF 2010 IN WRIT PETITION NO. 9298 OF 2009 Mohamedan Education Society & Anr. ..Appellants. Vs. Smt. Nasim Gulam Samadani & Others. .. Respondents Mr. Uday P. Warunjikar for the Appellants. Mr. A.M. Joshi for Respondent No.1. Mr. Nitin Jamadar for Respondent No.2. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 18TH JANUARY , 2011. P.C. 1. This Letters Patent Appeal is filed against the order of the learned Single Judge of this Court dated 15th July, 2010. The learned Single Judge while admitting the writ petition filed by the present appellant granted interim relief on conditions that the back wages and the other benefits granted by the School Tribunal on 25th August, 2009, shall be deposited in this Court within a period of four weeks from 15th July, 2010. The learned Single Judge also ordered for investing the said amount in a Nationalized 2 lpa251.10.sxw Bank. Since the learned Counsel for the respondent No.1 states that he has no objection if the impugned order is set aside, it is not necessary to consider the issue involved in this appeal, as the learned Counsel Mr. Joshi fairly states that the order be modified by directing the petitioner to undertake before this Court that in case the petition is dismissed, the appellant institute shall pay the amount which is required to be payable by the respondent as per order of the Tribunal within a period of four weeks from the date of the order of the Single Judge with benefits subject to his right to challenge the said order in accordance with law. 2. Considering the said aspect, the impugned order of the learned Single Judge is modified to that extent that there shall be interim relief in terms of prayer clause (B) of the writ petition on condition that the appellant/original petitioner in the writ petition shall file an undertaking in the pending writ petition within a period of 4 weeks from today stating that in case the writ petition is dismissed, the appellant shall make necessary payments and shall pay whatever benefits which are required to be paid as per the order of the School Tribunal in Appeal No. 15 of 2007 within a period of four weeks from the order of writ petition subject to liberty to challenge the order. Such undertaking is to be filed within 4 weeks from today. The copy of the undertaking may be given to the other side Advocates. The order is modified to the aforesaid extent and interim order granted in the said writ petition shall be subject to the said undertaking. 3. It is clarified that if the undertaking as aforesaid is not filed, the interim relief granted in the writ petition shall stand vacated. The appeal is accordingly disposed of in aforesaid terms. Considering the nature of the 3 lpa251.10.sxw dispute the learned Single Judge is requested to dispose of the petition by 13th July, 2011 ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)