Sabestian Francis Almeida v. State Of Maharashtra Through Office Of Govt Pleader And ORS

Trusha T.

by Trusha T.

Date:

2019.12.06 16:35:01 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1276 OF 2019 IN WRIT PETITION NO.5746 OF 2018 Sabestian Francis Almeida .. Applicant vs.

State of Maharashtra and Ors.

.. Respondents Mr.Niranjan A. Mogre for the Applicant Ms.S.S.Bhende, A.G.P. for the Respondent no.1 Mr.Shantanu Raktate i/b Mr.Amar Parsekar for the Respondent nos.2 and 3 CORAM: K.K.TATED & SARANG V. KOTWAL, J.J.

DATED: DECEMBER 04, 2019 P.C.

.

Heard.

By this Civil Application, Applicant is seeking permission to withdraw sum of Rs.40,00,000/- deposited by them pursuant to 1/3

the order dated 06.03.2019 passed by this court in Civil Application No.298 of 2019.

The learned counsel for the Applicant submits that this court by order dated 06.03.2019 directed Registry to transfer the said amount of Rs.40,00,000/- with accrued interest to the Divisional Joint Registrar, C.S. (K.D). Navi Mumbai, who shall deal with the said deposit at the time of fnal adjudication of the Petitioner's Revision Application which is pending for hearing and fnal disposal on its own merits.

The learned counsel for the Applicant submits that they made enquiry with the Registry of this court. At that time, they learnt that the amount is not transferred to the Divisional Joint Registrar. Hence, Applicant fled present Application for withdrawal of the amount.

The learned A.G.P. for the State submits that Divisional Joint Registrar, C.S. (K.D). Navi Mumbai have account with State Bank of India, Konkan Bhavan Branch, Navi Mumbai bearing no. 30135893973 and IFSC Code No.SBIN - 0006240. She submits that this court can direct Registry to transfer the said amount in this account so that they can invest the said amount in fied deposit till the hearing and fnal disposal of the Revision Application. In view of these facts, following order is passed: a.

Registry is directed to comply the order dated 06.03.2019 and transfer the sum of Rs.40,00,000/- with accrued interest if any, to the Divisional Joint Registrar, C.S. (K.D). Navi Mumbai, in 2/3

State Bank of India, Konkan Bhavan Branch, Navi Mumbai bearing no. 30135893973 and IFSC Code No.SBIN - 0006240 with immediate effect.

b.

Divisional Joint Registrar is directed to invest the said amount in fied deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till the decision of Revision Application No.85 of 2018 which is pending for hearing and fnal disposal on its own merits.

c.

At the time of deciding said Revision Application, Divisional Joint Registrar to pass appropriate order for disbursement of this amount along with accrued interest.

d.

The Civil Application stands disposed of accordingly. e.

No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) 3/3