1 W.P. 7756.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7756 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 05/12/2011. Mr. Mukul S. Kulkarni, Advocate for the petitioners. Mr. R.P.Phatake, Asstt.Govt. Pleader for State. Mrs. V.D.Jadhav - Patil, Advocate for Resp. No. 2. ............................. PER COURT : 1. Mr. Kulkarni, the learned counsel for the petitioners submits that in fact this Court had stayed the Award on condition that the present respondents deposits the amount within the period of twelve ( 12 ) weeks. The said order was passed on 8/4/2010 and it was only in the month of September, 2010, the amount was deposited. As such, the condition was not complied, the stay automatically stood vacated, interalia the executing Court should not have rejected the application for withdrawal 2 W.P. 7756.2011 2. Without entering into the said aspect, when the First Appeal is pending before this Court along with the Civil Application where the stay was granted, then in such circumstances, it is better for the petitioners to approach before the same Court i.e. in the pending First Appeal. 3. The Writ Petition as such is disposed of with the liberty to the petitioners to file appropriate application in the pending First Appeal. [ S.V. GANGAPURWALA,J. ] KNP/W.P. 7756.2011