1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CA No. 8772/2008 in LPA No.289/2008 in Writ Petition No.4604/2003 Vidarbha Gas Vessels Pvt. Ltd. Vs. Ashok Kelwade and others. ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande And P.D. Kode, JJ. Dated : 4th March 2009. Heard Mr. Thakur, learned counsel for the appellant and Mr. Jagdale, learned counsel for the respondents. The appellant seeks an order of restraint against respondents 8, 9 and 16 from withdrawing the amount in terms of the order passed by this Court. According to Mr. Thakur, respondent no.8 is dead. This position is not disputed by learned counsel for the respondents. Insofar as respondents 9 and 16 are concerned, according to Mr. Thakur, they had entered into settlement with the appellant in terms of agreement the copies of which are produced on record. 2 Mr. Jagdale, learned counsel for the respondents submitted that in terms of the said agreement, respondent nos. 9 and 15 were paid Rs.32,769.75 and Rs. 32,425/- respectively and as such, without going into the merits of the application, he will have no objection if respondents 9 and 16 are permitted to withdraw the balance amount i. e. Rs. 17,230.25 ps. and Rs. 17,575/- respectively. Mr. Thakur, learned counsel for the appellant submitted that he will have no objection for withdrawal of the balance amount without prejudice to the rights and contentions of the appellant in the appeal. In view of the above, the respondents 9 and 16 are permitted to withdraw the balance amount i.e. Rs. 17,230.75 ps. and Rs. 17,575/- respectively without prejudice to the rights and contentions of the parties. Insofar as respondent no.8 is concerned, since admittedly he is dead, the question of withdrawal does not arise. Application stands disposed of. JUDGE JUDGE Ambulkar.