1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1458 OF 2010 IN FIRST APPEAL NO. 855 of 2007 Executive Engineer, V.I.D.C, Yavatmal ...VERSUS.. Janardhan Bhimrao Deshmukh and others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Mr. R.J.Shinde, Advocate for applicant/respondents Mr. A.B.Patil, Advocate for non-applicant/appellant C ORAM : P.B.VARALE, J. DATED : 16th July, 2010. 1] Heard learned counsel for the applicants/respondents no.1(a) to 1(f) and learned counsel for the non-applicant/appellant. 2] By present civil application, the applicants are seeking modification of the order dated 3rd April, 2009, passed on Civil Application No. 842 of 2009, by which the application was allowed and while doing so, this Court observed that - “In view of the submission made by the learned counsel for the applicants and for the reasons stated in the application, the applicants are permitted to withdraw the said amount on furnishing the solvent surety/security to the satisfaction of 2 Registrar (Judicial) of this Court as well as an undertaking be given to the effect that in case the appellant succeeds, the applicants will refund the amount with eight percent interest within a period of four weeks thereafter.” 3] Learned counsel for the applicants submits that the application was moved seeking permission to withdraw the amount to meet the expenses of medical treatment of respondent no.1(c) – Uday @ Nitin Janadardhan Deshmukh, who is suffering from heart ailment and is under the medical treatment. He further submits that by order dated 3rd April, 2009, this Court has permitted the applicants/respondents no.1(a) to 1(f) to withdraw the amount, but, the amount could not be withdrawn till date as the other respondents i.e. 1(a), (b), (d),(e) & (f) reside at distinct places. He further submits that the other respondents, who are brothers and sisters of respondent no.1(c), have no objection if the amount is withdrawn by respondent no.1(c) alone. He, therefore, prayed for permitting respondent no.1(c) to withdraw the amount. 4] Mr. A.B.Patil, learned counsel for the non- applicant/appellant submits that in view of the peculiar circumstances, he has no objection, if the application is allowed. 5] In view of above, the civil application is allowed. 3 The order dated 3rd April, 2009, passed on Civil Application No. 842 of 2009, is modified. Respondent no.1(c) – Uday @ Nitin Janardhan Deshmukh is permitted to withdraw the amount of Rs. 1,14,956/- (Rupees one lakh fourteen thousand Nine hundred fifty six only), which is deposited by the appellant in this Court on 24/4/2008, on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court as well as an undertaking be given to the effect that in case the appellant succeeds, the respondent no.1(c) will refund the amount with eight percent interest, within a period of four weeks thereafter. 6] Civil Application is disposed of. JUDGE Diwale