bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 820 OF 2009 APPLICATION NO. 820 OF 2009 APPLICATION NO. 820 OF 2009 IN IN IN WRIT WRIT WRIT PETITION NO. 7221 OF 2008 PETITION NO. 7221 OF 2008 PETITION NO. 7221 OF 2008 Asma Harun Rashid Akbar Mulla ... Applicant v/s Harun Rashid Akbar Mulla ... Respondent Mr.Rajdeep S. Khadapkar for the applicant. Mr.Mhaispurkar i/by Mr.K.V.Saste for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH MAY, 2009 6TH MAY, 2009 6TH MAY, 2009 P.C. P.C. P.C.: 1. The applicant has filed the present civil application contending that she be permitted to withdraw the amount which has been deposited by the respondent (the original petitioner) in the Trial Court pursuant to the orders passed in the writ petition. While admitting the writ petition, this Court had granted permission to the applicant to apply for release of the amount. 2. Heard advocates. 3. In my opinion, it would be appropriate to permit the 2 applicant to withdraw 50% of the amount deposited by the respondent (the original petitioner) in the Trial Court. 4. Accordingly, the civil application is made absolute in the following terms:- (i) The applicant may withdraw from the Trial Court 50% of the amount deposited by the respondent husband. The balance amount shall be invested by the Trial Court in fixed deposit in a nationalized bank, initially for a period of six months, to be renewed thereafter. (ii) The applicant shall submit an undertaking in the Trial Court within a week from today to the effect that, in case she fails in the petition, she will return the amount to the respondent husband, if directed by the Court. Only on such an undertaking being furnished, the Trial Court will disburse the amount to the wife. .....