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Bombay High CourtCAF/2162/2014disposed off

Smt. Latika Gopal Ponkshe (Dead) Through Her Lrs. Shri. Jayant Y. Patwardhan And ORS. v. The State Of Maharashtra Through The Special Land Acquisition Officer No. 15.

2015-07-27Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

caf.2162.14.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2162 OF 2014 IN FIRST APPEAL NO. 1750 OF 2002 Latika Gopal Ponkshe, since deceased through her L.Rs.

Jayant Y. Patwardhan ...Applicant

IN THE MATTER BETWEEN :

The State of Maharashtra ...Appellant

Versus

Gopal Krishna Ponkshe, since deceased through his L.Rs.

1(a) to 1(c) & Anr.

...Respondents

Mr. Tejas D. Deshmukh for the Applicant Mr. A. R. Patil, A.G.P for the Appellant-State CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 27TH JULY, 2015 P.C. :

1.

As of today, the name of the applicant (Shri. Jayant Y. Patwardhan) has not been brought on record as the legal representative of Smt. Latika Gopal Ponkshe. Moreover, the earlier order of this Court dated 17th January, 2005 in Civil Application No. 110 of 2005 does not direct that interest on the sum of Rs. 11,04,280/- should be deposited in a particular SQ Pathan 1/2

caf.2162.14.doc account. All that this Court directed is that as and when interest on the amount of Rs. 11,04,280 is released, the same shall be transferred to the original claimants by the bank.

2.

Therefore, the arrangement of transfer of interest is purely a private arrangement between the claimants and the concerned bank with which the amount has been invested.

3.

After the name of the applicant is brought on record as the legal representative of the deceased Smt. Latika Gopal Ponkshe, the applicant can always make appropriate application to the concerned bank. 4.

Subject to what is observed above, application is disposed of. 5.

Time to carry out amendment in terms of order dated 20th September, 2013 in Civil Application No. 1281 of 2012 is extended by a period of three weeks from today.

(REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2