Mr.Ganesh J. Kodi v. Canara Bank

osk 33-caf-1655-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1655 OF 2018 IN FIRST APPEAL (ST.) NO. 17808 OF 2017 Ganesh J. Modi ...

Applicant In the matter between Canara Bank ...

Appellant V/s.

Ganesh J. Modi & Anr.

...

Respondents • Mr.Arsh Mishra i/b. M.V. Kini & Co. for the Appellant. • Mr.Neel Girish Helekar for the Applicant/Org.Respondent No.1. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 16th JANUARY, 2019.

P.C. :

1] Heard learned counsel for the parties.

2] This is an application preferred by Original Respondent No.1-Decree Holder for withdrawal of the decreetal amount. 3] Learned counsel for the Appellant submits that he has no objection for withdrawal, subject to furnishing of the security in the form of guarantee of Nationalized Bank.

4] In view thereof, the Application is allowed. The Applicant is permitted to withdraw 50% amount deposited in the Court with interest accrued thereon, subject to furnishing of the guarantee of any Nationalized Bank.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1