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Bombay High CourtCAW/1156/2019

Shri. Milind Chintaman Dandge v. The State Of Maharashtra Thru Gp

2019-05-03Hon'Ble Shri Justice M.S. Sonak2 pages

Dinesh Sherla 909-caw-1156-199

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1156 OF 2019 IN WRIT PETITION NO. 2416 OF 2019 Mr. Milind C. Dandage .. Petitioner/Applicant vs.

The State of Maharashtra and anr.

.. Respondents Mr. Sachin S. Tigde for the Applicant/Petitioner. Mr. R.P. Kadam, AGP a/w. Ms Geeta P. Sonawane, AAGP for the Respondent CORAM : M. S. SONAK, J.

DATE : 03 MAY 2019.

P.C. :- 1] By order dated 26th April 2019, it is recorded that the petitioner is willing to deposit the amount which the Appeal Court has directed the petitioner to pay to the society. The Appeal Court in terms of the order dated 29th November 2017 has directed the petitioner to pay an amount of Rs.9520/- along with interest at the rate of 9% per annum. According to the petitioner, the total amount comes to Rs.11,376/-. Learned counsel for the petitioner now states that what he had agreed was that the petitioner would deposit the principal amount of Rs.9520/- not the interest amount. This Court does not recollect the learned counsel for the petitioner having made this kind of distinction. In any case, considering the interest amount is hardly Rs.2500/- there is no case 1/2

Dinesh Sherla 909-caw-1156-199 made out to vary the order dated 26th April 2019. 2] Accordingly, Civil Application is liable to be dismissed and is hereby dismissed.

3] However, it is clarified that once this amount is deposited, there shall be stay on the execution of the impugned order till the next date. The amount has to be deposited by the petitioner in this Court on or before 14th June 2019.

4] Civil Application is disposed of.

(M. S. SONAK, J.) 2/2