Kishore G. Magar v. M/S. Hindustan Construction Company Ltd. And ANR.

6 caw2974-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2974 OF 2016 IN WRIT PETITION (ST) NO.28276 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.V.Gutte for the applicant Mr.P.M.Palshikar for the respondent CORAM : K. K. TATED, J.

DATE : JANUARY 12, 2017 P.C.:

Heard the learned counsel for the parties.

This application is preferred by employer for allowing him to withdraw the amount deposited by the petitioner company by modifying the order dated 17.10.2016.

It is to be noted that the order dated 17.10.2016 was passed by this court after hearing both the sides. This court in paragraph 5 of the order dated 17.10.2016 recorded that the applicant already withdrew sum of Rs.3,00,000/-. Hence, amount of Rs.2,59,704/- be invested in fixed deposit of any nationalised bank. This court has not granted any liberty and / or permission to the applicant to make subsequent application for Mohite 1/2

6 caw2974-16 withdrawal of the amount and / or for direct the petitioner to deposit additional amount.

Considering these facts and the order dated 17.10.2016, I do not find any substance in the present Civil Application.

Hence, Civil Application stands rejected.

As no urgency is found in the present matter, prayer clause (c) is also rejected.

JUDGE Mohite 2/2