1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1489 OF 2009 in APPEAL FROM ORDER NO. 911 OF 2007 Gana Parshram Bhagat & ors. ... Applicants v/s Smt.Ahilya Govind Bhagat & ors. ... Respondents Mr.Akhilesh Dubey with Mr.Rahul Sharma i/by M. Tripathi & Co. for the applicants. Mr.D.Y.Chitnis for the Resp. No.7. Mr.R.S.Thorat i/by Mr.G.S.Godbole for the Resp. No.8. Mr.Karmalkar G.A. holding for Mr.G.S.Hegde & Asso. For respondent Nos.9, 10 and 11. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH NOVEMBER, 2009 P.C.: 1. The civil application has been filed by the appellants praying that respondent Nos.7 to 8 be relieved of their undertakings furnished to this Court on 8.2.2008 and 18.2.2008. According to the applicants, the dispute between themselves and the respondent developers i.e. respondent 2 Nos.7 and 8, has been settled and, therefore, it is prayed that the civil application be allowed. 2. By an order dated 6.2.2008 this Court had directed the Bank of India not to permit defendant Nos.1 to 5 to withdraw the amount of Rs.3,02,00,000/- lying in the account of the defendants as well as Rs.64,00,000/- which were retained in the fixed deposit. 3. It appears that cheques have been issued to the applicants by the developers and, therefore, a prayer is made as contained in the civil application to permit respondent Nos.1 to 5 to operate Account No.012410110000372 with Bank of India. 3. Since this application is not contested by the respondents, in my opinion, it can be allowed. The Bank of India, which is respondent No.12, though served has not appeared before me. 4. In view of this, the civil application is allowed in terms of prayer clauses (a), (b) and (c). 5. Respondent Nos.7 and 8 are relieved from the 3 undertaking furnished by them pursuant to the orders dated 6.2.2008 passed by this Court. 6. Respondent No.12 – Bank of India, shall honour the cheques issued by respondent Nos.1 to 5 in favour of the applicants. 7. Civil application disposed of accordingly. ..... 4