Zilla Parishad, Sindhudurg v. Shri. Subhash Ramchandra Sontakke

bsb 1 14.CAS.162.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 162 OF 2016 IN SECOND APPEAL NO. 482 OF 2016 Zilla Parishad, Sindhudurg.

... Applicant v/s Shri Subhash Ramchandra Sontakke ... Respondent Ms.Anjali Helekar i/by Neel Helekar for the applicant. Mr.Rajaram Deshmukh for the respondent.

Coram: N.M. Jamdar, J.

Dated: 9 August 2016 P.C.:

By an order passed today, the appeal is admitted. By the judgment and order passed by the District Judge, the Appellant is directed to deposit an amount of Rs.5,80,326.43 along with 18% interest. The Appellant has deposited an amount of Rs.21,33,046/- in this Court, on 26 July 2016. In the application taken out for condonation of delay, subject to deposit of decretal amount the delay was condoned and ad-interim

bsb 2 14.CAS.162.16.doc relief was granted. Considering that the amount has been deposited in the Registry of this Court, the ad-interim relief will have to be continued till the disposal of the appeal.

It will be open to the Respondent to withdraw the said amount deposited, after furnishing appropriate solvent surety to the satisfaction of the Registry. If no such application is made by the Respondent within a period of eight weeks, the amount so deposited will be invested by the Registry in fixed deposit in any nationalized bank.

The civil application is accordingly allowed in terms of prayer clause (a).

(N.M. Jamdar, J.)