Court-ordered release from deposited funds preserved inter se rights and left the petitioner free to pursue other remedies.

The petitioner was permitted to withdraw a reasonable amount from the court deposit against admitted entitlement to the restored gold ornaments, while the balance was directed to be returned to the Bank of Maharashtra. The Court treated the deposit as having been made for administrative convenience and recorded that the remaining articles in the strong room were safe on joint verification. The release and return were expressly without prejudice to the inter se rights and liabilities of the bank and the Income Tax Department, and did not affect the petitioner's ordinary remedies.

---

---

Issues: Whether the petitioner was entitled to withdraw Rs. 60,00,000 from the amount deposited in Court, with the balance to be returned to the Bank of Maharashtra, and whether such withdrawal would preserve the petitioner's right to pursue other remedies.

Analysis: The Court recorded that the gold ornaments to be restored to the petitioner were valued at approximately Rs. 59,50,000 and accepted the rounded figure of Rs. 60,00,000 for release out of the deposited sum of Rs. 70,00,000. It also noted that the remaining articles in the strong room were found safe and tallied on joint verification, and that the deposit was made by the bank for administrative convenience. The Court further recorded that the payment and return of balance were to operate without prejudice to the inter-se rights and liabilities of the bank and the Income Tax Department, and without affecting the petitioner's ordinary remedies.

Conclusion: The petitioner was permitted to withdraw Rs. 60,00,000 from the amount deposited in Court, the balance Rs. 10,00,000 was directed to be returned to the Bank of Maharashtra, and the petitioner's right to pursue other remedies was preserved.

Ratio Decidendi: Where the material entitlement is admitted and the parties' remaining dispute is preserved without prejudice, the Court may direct release of a reasonable amount from a deposited sum while safeguarding inter-se rights and other available remedies.

---