Mrs. Mousumi Mukesh Garg v. Mr. Mukesh Srikrishndas Garg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 250 OF 2015 IN FAMILY COURT APPEAL No. OF 2015 Mrs. Mousumi Mukesh Garg.

..Applicant.

Versus

Mukesh S. Garg.

..Respondent.

In the matter between Mukesh S. Garg.

..Appellant.

Versus

Mousumi Mukesh S. Garg.

..Respondent.

Ms. Shikha Ghosh for the Applicant.

Mr. Bharat Ghadve i/b Tejas Dande for the Respondent - original Appellant.

Coram : RANJIT MORE & K.R.SHRIRAM, JJ.

Date : August 6, 2015.

P. C. :

1.

This application is taken out by the original Respondent seeking withdrawal of the amount of Rs.5 lacs with accrued interest, which was deposited by the original Appellant in this Court pursuant to the order dated 3rd May 2007 passed in above appeal. At the time of admission of above appeal, this Court had directed the Appellant to deposit Rs.5 lacs. 2.

There is no dispute that the said amount is towards the permanent maintenance granted by the learned trial Court to patilsr 1 / 2

the Applicant. The appeal preferred by the Appellant against the said order is dismissed. No further challenge is taken up. Thus, the Applicant is entitled for the withdrawal of the said amount. 3.

The learned Counsel appearing for the Respondent - original Appellant submitted that the Respondent also has no objection for withdrawal of the said amount by the Applicant. In that view of the matter, the Applicant is granted leave to withdraw the amount of Rs. 5 lacs deposited by the Respondent - original Appellant in this Court pursuant to the order dated 3rd May 2007. She is also entitled to the interest accrued on the said amount.

4.

Request of the Applicant to withdraw the amount in her maiden name is also acceded to.

5.

Hence, application is made absolute in terms of prayer clauses (a) and (b).

[K. R. SHRIRAM, J.] [RANJIT MORE, J.] patilsr 2 / 2