Smt.Anjali Govind Khedekar And ORS. v. Smt. Sangita Suhash Patil.

osk 909-caf-3172-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3172 OF 2017 IN FIRST APPEAL (ST.) NO. 34005 OF 2016 Mrs.Anjali Govind Khedkar & Ors.

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Applicants Inthe matter between :- Smt.Sangita Subhash Patil ...

Applicant V/s.

Mrs.Anjali Govind Khedkar & Ors.

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Respondents • None for the Appellant.

• Mr.Shashank C. Mangle for the Applicants/Org. Respondent Nos.1 to 3.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 25th JANUARY, 2019.

P.C. :

1] Heard learned counsel for the Applicants/Org. Respondent Nos.1 to 3. The Applicants are the original Claimants. 2] This application is filed for withdrawal of the amount of compensation deposited in the Court.

3] Learned counsel for the Applicants submits that he has given the notice of this application by sending messages to learned counsel for the Appellant. The copy of this application was also served on the learned counsel for the Appellant. On the last date also, only by 1/2

osk 909-caf-3172-2017.odt way of indulgence, the matter was adjourned. Today again learned counsel for the Appellant is absent.

4] It is pointed out that, out of the total amount (i.e. Rs.2,26,000/- + Interest), the Appellant has deposited only the amount of Rs.1,50,000/- and hence, as the Applicants are in need of money, they may be permitted to withdraw the said amount. 5] In view thereof, the Applicants are permitted to withdraw the amount of Rs.1,00,000/-, subject to furnishing of usual undertaking in the Executing Court, with liberty to apply for further withdrawal, if need arises in future.

6] The Civil Application is disposed of in above terms. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2