IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO.278 of 2005. CIVIL APPLICATION NO.278 of 2005. CIVIL APPLICATION NO.278 of 2005. IN IN IN FIRST APPEAL NO. 149 OF 2005. FIRST APPEAL NO. 149 OF 2005. FIRST APPEAL NO. 149 OF 2005. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri K.S.Bapat for the Applicant. Shri M.V.Jayakar for the Respondent. CORAM : ABHAY S.OKA, J. CORAM : ABHAY S.OKA, J. CORAM : ABHAY S.OKA, J. DATED : 13th April, 2006. DATED : 13th April, 2006. DATED : 13th April, 2006. P.C.: P.C.: P.C.: 1. Rule. The Respondent waives service. Taken up for hearing forthwith. 2. It is not in dispute that the Applicant has deposited a sum of Rs.3 lakhs with the ESI Court, Pune. The Respondent which is a statutory Corporation will have to be permitted to withdraw the said amount subject to the final outcome of the Appeal. Hence the prayer for interim relief cannot be granted. Application is rejected. However, it is made clear that the withdrawal of the amount by the Respondent will be subject to final outcome of the appeal. : 2 : Judge. Judge. Judge.