0407caw1235.11.odt 1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.W.NO.1235 OF 2011 IN W.P.NO.34 OF 2002 (D) The Superintendent/Colliery Manager, W.C.L. And anr. ..vs.. The First Labour Court, Civil Lines, Nagpur. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. R.R.Chhabra, Adv. for applicant/resp.no.2. CORAM : R.M.SAVANT, J. DATED : 4th July, 2011. By the above Civil Application, the applicant prays for withdrawal of the amount which has been kept in the fixed deposit with the Andhra Bank vide this court’s order dated 5/11/2002 with accrued interest thereon. The applicant was the original respondent in the above mentioned Writ Petition No.34 of 2002, which was filed by his Employer – Western Coalfields Ltd. It appears that at the time of the admission of the above petition, the Employer was directed to deposit an amount of Rs.95,218/-, which were the wages payable to the applicant in this court. During the pendency of the above petition, the applicant was allowed to withdraw an amount of Rs.40,000/- and the balance amount i.e. amount of Rs.55,218/- was ordered to be invested in the fixed deposit with the Andhra Bank. The said amount has been invested in fixed deposit with Andhra Bank on 4/12/2002. The above petition has been dismissed by this court by order dated 3/12/2010 and hence the applicant has filed 0407caw1235.11.odt 2 the above civil application for withdrawal of the said amount of Rs.55,218/- with accrued interest thereon, which is lying in the fixed deposit with the Andhra Bank. In my view, since the Writ Petition has already been dismissed, the applicant who has succeeded in the Writ Petition is entitled to the said amount with accrued interest thereon. The Civil Application is accordingly made absolute in terms of the prayer. JUDGE chute