1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1611 OF 2008 IN WRIT PETITION NO.5082 OF 2006 Bharti Airtel Limited, ..Applicant (formerly known as Bharti Televentures Limited) V/s. The State of Maharashtra & anr. ..Respondents Mr. Amit Jamsandekar with Mr. H. Rehman i/b. D. H. Law Associates, Advocate, for the Applicant Mr. S. N. Patil, Assistant Government Pleader, for Respondent No.1 Mr. J. B. Kasat, Advocate, for Respondent No.2 CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 5TH APRIL, 2010 P.C. . Heard Counsel for the parties. 2. Our attention is invited to Order passed by the Nagpur Bench in Writ Petition No.2243 of 2006 dated 5th June, 2007. The Respondents have no objection for allowing the 2 Applicant to withdraw the amount of Rs.18,23,407/- lying deposited with the Nagpur Bench of this Court pursuant to Order dated 28th April, 2006 and 8th May, 2006. Counsel for Respondent No.2, however, points out that the decision on the basis of which the applicant is entitled to take back the amount deposited in the Nagpur Bench is subject matter of challenge before the Apex Court. 3. In the circumstances, we allow this application on condition that the applicant shall furnish sufficient security commensurate with the amount to be withdrawn by the applicant to the satisfaction of the Registrar, High Court, Nagpur Bench. 4. Besides, the applicant shall file an undertaking in the present proceeding to the effect that the applicant will abide by the direction to be passed by the Apex Court in relation to the subject amount. That undertaking be filed within two weeks from today. 3 5. On compliance of the above said conditions, the applicant would be entitled to withdraw the amount. 6. Civil Application is disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)