Shri. Ratan Sudam Karande v. The Assistant Commissioner And ANR.

916-CAF1099-17.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1099 OF 2017 IN FIRST APPEAL NO.15 OF 2005 Ratan Sudam Karande ...Applicant

Versus

Assistant Commissioner, H/West Ward & Anr

...Respondents

Mr Manoj Harit, for the Applicant/Appellant.

Mrs MR Bhoir, for Respondent No.1/MCGM.

Mr Tukaram Shendge, i/b Amit Sale, for Respondent No.2 CORAM: G.S. PATEL, J DATED:

28th June 2017 PC:- 1.

The Applicant seeks to withdraw the amount of interest of approximately Rs.1,64,000/- accrued on the amount invested in fixed deposit as directed by this Court's order of 13th February 2007.

2.

By that order, the 1st Respondent-Claimant was permitted to withdraw an amount of Rs.9,00,000/- without security. The rest was to be deposited, and, the 1st Respondent was then entitled to 28th June 2017

916-CAF1099-17.DOC withdraw the 50% of the amount of interest accrued on the fixed deposit, also without security. It is this portion of the order that is sought to be made the subject matter of the present Civil Application.

3.

There can be no opposition or objection to this. In fact, the order of 13th February 2007 more or less in anticipation actually as permitted this Civil Application.

4.

The Civil Application is made absolute in terms of prayer clause (a). The Commissioner will act on an authenticated copy of this order in permitting the withdrawal.

5.

The Civil Application is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 28th June 2017