Mrinal Ganeshrao Deo And ORS v. Amrut Vahini Sheti And Shikshan Vikas Sansthas Amrut Vahini College Of Engineering And ANR

-:(1):- 11115 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 11115 OF 2014 IN WP/3871/2009 WITH WP/8891/2011 MRINAL GANESHRAO DEO AND ORS

VERSUS

AMRUT VAHINI SHETI AND SHIKSHAN VIKAS SANSTHAS AMRUT VAHINI COLLEGE OF ENGINEERIN ...

Advocate for Applicants :Mr. Deepak Rajput, Advocate h/f Mr. Gholap Ajit M.

Advocate for Respondent Nos.1 and 2: Mr. R. N. Dhorde, Senior Counsel.

AGP for Respondent/ State: Mr. S. G. Sangle.

*** CORAM: S. V. GANGAPURWALA & A.I.S.CHEEMA, JJ.

DATED: 24th APRIL, 2015.

PER COURT:

1.

The learned counsel for the Applicant submits that the grievance committee has decided that the petitioner is entitled for an amount of Rs.91,431/-. The said order is assailed by the present non-applicant No.1. This Court had directed the non-applicant to deposit Rs.91,000/- and the same is deposited.

-:(2):- 11115 2.

Mr. Dhorde, learned senior counsel for the non-applicant submits that the present applicant has given undertaking that there are no dues against the present non-applicant and thereafter has left the institution of the non-applicant. The applicant is now working with K.J.Somayya Engineering College. If the amount is allowed to be withdrawn the purpose of filing of the writ petition would be frustrated. 3.

We have considered the contentions of the respective parties. Whether no due certificate was taken by coercion or not will be considered subsequently. The amount is lying with the court. It would be of no use to keep the amount idle. However, interest of the non applicant will have to be safeguarded.

4.

The Applicant is permitted to withdraw the amount of Rs.91,000/- deposited by the non-applicant along with accrued interest, if any, on the applicant submitting solvent security and the said withdrawal certainly is subject to the decision in the writ petition. 5.

Civil application is disposed of.

[A.I.S.CHEEMA, J.] [S.V.GANGAPURWALA,J.] Dt.24/04/2015 ans/11115