Bombay High CourtCA/7087/2015admittedallowedgrantedrule absolute

Ashabi Khajamiya Mirza v. Navyuvak Shikshan Sanstha And Others

2015-07-31Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 34.ca.7087.15 kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7087 OF 2015 IN WP/2284/2013 ASHABI KHAJAMIYA MIRZA

VERSUS

NAVYUVAK SHIKSHAN SANSTHA AND OTHERS ...

Advocate for Applicant : Mr.Adgaonkar Ravibhushan P. AGP for Respondent No.6 : Smt.V.A.Naik.

Advocate for Respondent Nos.1 to 3. : Mr.V G Sakolkar for original Petitioners.

Advocate for Respondent No.5 : Mr.S.G.Rudrawar. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 31st July, 2015 Per Court:

An amount of Rs.57,000/- has been deposited by the original Petitioners/ Non Applicants pursuant to the order passed by this Court on 29.09.2014 in the Writ Petition, on 28.10.2014. It was erroneously stated before this Court while passing the order on 03.03.2015 that an amount of Rs.75,000/- has been deposited. The Applicant seeks leave to correct the amount in paragraph 4 and prayer clause (B) of the Civil Application. Leave granted. Correction be carried out forthwith.

*2* 34.ca.7087.15 Shri Adgaonkar submits that the total back-wages amount is Rs.10 lac approximately. The Applicant desires to withdraw the amount of Rs.57,000/- deposited in this Court, without prejudice to his contentions that the back-wages amount is Rs.10 lac approximately. The Applicant is prepared to submit a solvent surety while withdrawing the said amount. Shri Sakolkar, learned Advocate for the original Petitioners/ Non Applicant Nos.1 to 3, submits that the Applicant has resorted to the execution proceedings in which the aspect of actual back-wages would be gone into. If the Applicant desires to withdraw Rs.57,000/- as are deposited by the original Petitioners, he will do so provided he submits a solvent surety and an undertaking that the Applicant would refund the said amount in the event he fails in this petition.

In the light of the above, this Civil Application is allowed. The amount deposited by the Petitioners/ Management being Rs.57,000/- (Rupees Fifty Seven Thousand) are permitted to be withdrawn by the Applicant subject to furnishing a solvent surety and an undertaking that the said amount would be returned in the event the Applicant fails in this petition.

(RAVINDRA V. GHUGE, J.)