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Bombay High CourtCA/3866/2021disposed off

Pradeepkumar Devidas Ingle v. M/S Bajaj Auto Limited

2021-03-19Hon'Ble Shri Justice N. J. Jamadar2 pages

922ca3866.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.3866 OF 2021 IN WP/14293/2019 PRADEEPKUMAR DEVIDAS INGLE

VERSUS

M/S BAJAJ AUTO LIMITED ...

Advocate for Applicant : Mr. Kawre B.R. and Mr. Dhobale Nitin L. Advocate for Petitioner In Wp : Mr.S.V. Dankh and Mr. L.B. Deshmukh ...

CORAM : N.J. JAMADAR, J.

DATE : 19/03/2021 P.C. :

1.

Heard the learned counsel for the parties.

2.

This application is preferred seeking permission to withdraw an amount of Rs. 1,80,000/- deposited by the Non-applicant-petitioner pursuant to the order dated 30th July, 2019 passed by the Labour Court (ii), Aurangabad in Reference (IDA) No. 25/2008, impugned in this petition.

3.

There are averments in the application in justification of prayer for withdrawal.

4.

The learned counsel for the parties have invited attention of the Court to the order passed by this Court dated 2nd May, 2019 in Civil Application No. 4828 of 2019 and the connected matters, whereby, this Court allowed the applicants in the respective applications, who are

922ca3866.21 similarly circumscribed, to withdraw the amount deposited by the petitioner-employer subject to outcome of the petition and on furnishing solvent surety and an undertaking to the effect that in the event the petition is allowed and the applicant is required to bring back the amount, the applicant would deposit the amount so withdrawn, within eight weeks from the date of such order.

5.

In view of the aforesaid submission and the order passed by this Court, in the identical matter, dated 2nd May, 2019, the application stands allowed.

6.

The applicant is permitted to withdraw the amount of Rs. 1,80,000/- (Rs. One Lakhs and Eight Thousand Only), along with interest accrued thereon, subject to the outcome of the petition and on furnishing an undertaking and solvent security to the satisfaction of the Registrar (Judicial), of this Court, to bring back the amount so withdrawn, in the event the petition is allowed and the applicant is directed to deposit the said amount.

7.

The application accordingly stands disposed of. ( N.J. JAMADAR ) JUDGE mahajansb/