Shri. Ulhas Krishnarao Shinde v. Enzymes Pharmaceuticals And Industrial Chemical Ltd.

(2)-CAF-3253-2016 & 301-2019 in FA-657-2001.doc 08.02.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.02.08 18:03:52 +0530 CIVIL APPELLATE JURISDICTION MOHAMMAD NAJEEB MOHAMMAD QAYYUM Civil Application (CAF) No. 3253 / 2016 Alongwith Civil Application (CAF) No. 301 / 2019 in First Appeal No. 657 / 2001 Shri. Ulhas Krishnarao Shinde ... Applicant

Versus

Enzymes Pharmaceuticals and Industrial Chemical Ltd.

... Respondents **** Mr. Sandesh Deshpande, Advocate for the Applicant in CAF-32532016, CAF-301/2019 and for Respondent in FA-657/2001. **** CORAM : SANDEEP K. SHINDE, J.

DATE : 8 th FEBRUARY, 2022.

[Through Video Conference] P.C.

Heard. Mr. Deshpande, learned Counsel for the RespondentOriginal Plaintiff. 1.

None appears for the Applicant-Original Defendant. Najeeb 1/2

(2)-CAF-3253-2016 & 301-2019 in FA-657-2001.doc 08.02.2022 2.

First Appeal No. 657/2001 was instituted by the Defendant No.1 against the money decree passed against him. Pending appeal, Appellant-Defendant deposited Rs. 8,51,932/- in the Registry of this Court. Whereafter, due to revision, in 'pecuniary jurisdiction', the appeal was transmitted to the District Court, Raigad at Alibagh. Although the Appellant was duly served, even by publication, he did not cause his appearance. As a consequence, on 8 th June, 2015, the learned District Judge disposed of the appeal for want of prosecution. 3.

This Civil Application was filed in 2016 seeking to withdraw Rs. 8,51,932/- deposited by the Appellant in the Registry of this Court in First Appeal No. 657/2001.

4.

In view of the facts of the case and particularly that the Appellant failed to cause his appearance in the appeal, I do not see any reason to keep the amount, lying in the Registry. Application (no. 3253/2016) is allowed in terms of prayer clause (a). (SANDEEP K. SHINDE, J.) Najeeb 2/2