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Bombay High CourtCAL/65/2014

Shri Maruti Sonaba Chorge (Org.Respondent) v. Maharastra Rajya Sahakari Krushi Gramin Vikas Bank Maraydit., (Org. Petitioner)

2016-07-28Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

prod-1-cal-65-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION CIVIL APPLICATION NO.65 OF 2014 IN LATTERS PATENT APPEAL NO.225 OF 2010 IN WRIT PETITION NO.977 OF 2009 Maruti Sonaba Chorge ...Applicant vs.

Maharashtra Rajya Sahakari Krushi Gramin Vikas Bank Maryadit

...Respondent

Mr. Prashant Kamble, for the Applicant.

Mr. Shailesh Chavan i/b. Mr. Milind Deshmukh, for the Respondent CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

JULY 28, 2016 P.C.:

Not on board. Upon mentioning taken on board. 2.

Heard the learned counsel for the parties on the Civil Application.

3.

Against the order passed by the Labour Court, Pune dated 29th May, 2007 the Respondent herein the Maharashtra Rajya Sahakari Krushi Gramin Vikas Bank Maryadit had filed Writ Petition No. 977 of 2009. The said Writ Petition was dismissed on 17th August, Vishal Parekar 1/2

prod-1-cal-65-2014 2009. During the pendency of the said Writ Petition, as per the interim order passed by this Court on 19th March, 2009 the Respondent-Bank was directed to deposit 25% backwages in this Court as per the order passed by the Labour Court. As the Writ Petition has been dismissed, the Latters Patent Appeal No. 225 of 2010 has also been dismissed, in the circumstances, a prayer has been made through this Civil Application seeking withdrawal of the amount of backwages deposited by the Bank.

4.

Having considered the submissions made by the learned counsel for the parties, we find no legal impediment for allowing the the prayer made in the Civil Application to withdraw the amount of backwages of the Applicant deposited by the Respondent-Bank. As a result, we permit the Petitioner to withdraw the amount deposited by the Respondent-Bank.

5.

The Civil Application accordingly stands disposed of. (M.S. KARNIK, J.) (S.S. KEMKAR, J.) Vishal Parekar 2/2