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Bombay High CourtCAW/306/2018dismissedrule discharged

Gurunanak Bahuuddeshiya Shikshan Sanstha Through President v. Ku. Meena D/O Atmaramji Gujar And Another

2018-02-07Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp3310.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.306 OF 2018 IN WRIT PETITION NO.3310 OF 2014 (GURUNANAK BAHUUDDESHIYA SHIKSHAN SANSTHA ..VS.. MEENA ATMARAMJI GUJAR & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.Gahalot, Adv. H/f. Shri A.Parchure, Advocate for Petitioner. Shri A.J. Pathak, Advocate for Respondent No.1. CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 07, 2018.

The respondent-management has deposited an amount of Rs.2,80,818/- as per the interim order dated 15th February, 2016. After deposit of this amount, the respondent/employee had filed Civil Application No. 2248 of 2017 and submitted that the management is required to deposit Rs.7,01,378/-. After hearing both the parties, this Court passed an order on 15th November, 2017 directing the respondent-management to furnish solvent surety for an amount of Rs.5,00,000/-, which is furnished.

Now, the present civil application is filed by the respondent/ employee seeking permission to withdraw the amount deposited by the management. According to the respondent/ employee she is in need of the amount as she is out of employment for last about nine years. The facts on record show that such request was not made earlier by the employee.

In the facts of the case, I am not satisfied that the prayer made in the civil application is required to be granted. The civil application is dismissed. No costs. JUDGE RRaut..