1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (CAW) No.133 of 2011 In Writ Petition No.4399 of 2009 (D) [Managing Director (General Manager), R.S.R.G. Mohota Spinning and Ginning Mills, Akola v. Shri Santosh Chakre and others] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. Anjali Joshi, Advocate for Applicant/Respondent No.1. Shri S.G. Zinjarde, Advocate for Petitioner. Smt. A.R. Taywade, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J. Dated : 17 th February, 2011 This is an application for permission to withdraw an amount of Rs.12,375/- deposited by the petitioner. The application is being opposed on the ground that the decision delivered by this Court in Writ Petition No.4399 of 2009 is the subject matter of the Letters Patent Appeal. It is informed that the said Letters Patent Appeal was dismissed in default and the application for restoration has been filed and the same is listed today. However, the matter was adjourned on this count on 27-1-2011 and 10-2-2011. In view of this, the application is allowed. The respondent No.1 is permitted to withdraw an amount of Rs.12,375/- after furnishing an undertaking to the satisfaction of 2 the Registrar (Judicial) of this Court that in the event the respondent No.1 succeeds in the Letters Patent Appeal, he shall refund the said amount. Judge pdl