1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6766 OF 2009 IN WRIT PETITION NO. 5443 OF 2007 Bhola Singh Jaiprakash Construction Ltd. .. Applicant Versus The State of Maharashtra and others .. Respondents Shri J. N. Singh, Advocate for the Applicant. Shri S. K. Tambe, A. G. P. for the Respondent No. 1. Shri S. S. Thombre, Advocate for the Respondents No. 2 to 5. Shri Alok Sharma, Standing Counsel for the Respondent No. 6 & 7. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. DATE : 13TH JULY, 2009. ORAL ORDER [PER NARESH H. PATIL, J.] : 01. Heard. 2 02. We have perused the order passed by Division Bench of this Court [Coram Justice P. V. Hardas and Justice K. K. Tated, JJ.] in the group of matters, Tax Appeal No. 132 of 2008 and others. Learned counsel Shri Singh placed on record a communication made by the Engineer Godawari Marathwada Irrigation Development Corporation, Aurangabad addressed to the counsel Shri S. S. Thombre. It is taken on record and marked Exhibit "X". We have perused the affidavit in reply filed by the respondent No. 6 and 7. 03. Learned counsel for the applicant placed reliance on the judgment reported in 2007 ASCW 5326, in the case of M/s. Hindustan Cocacola Beverage Pvt. Ltd. vs. Commissioner Income Tax. 04. Learned counsel for the respondents No. 6 and 7 submits that Special Leave Petitions were filed against the order passed by the Division Bench of this Court are pending in the Supreme Court. The Godawari Marathwada Irrigation Development Corporation deposited in this court an amount of Rs. 1,51,92,000/-. This application, is therefore, filed by the applicant for withdrawal of said amount. 05. Considering the statement advanced by the learned counsel for the applicant, order passed by the Division Bench of this Court, we find 3 that amount deposited by respondent No. 2 Godawari Marathwada Irrigation Development Corporation could be allowed to be withdrawn by the applicant Bhola Singh Jaiprakash Construction Ltd. It is informed that the amount is lying with the Registry of this Court. 06. The applicant Bhola Singh Jaiprakash Construction Ltd. is permitted to withdraw an amount of Rs. 1,51,92,000/- (Rs. One crore Fifty one lakh Ninety Two thousand only). Application is allowed and is disposed of accordingly. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/July 09