Mr. Ramnarayan Mandal And ORS. v. Gajanan Developers And ORS.

SKN 1/2 1524.17-caw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1524 OF 2017 IN WRIT PETITION NO. 5215 OF 2013 Mr.Ramnarayan Mandal and others.

...

Applicants.

In the mater between Gajanan Developers and others.

...

Petitioners.

V/s.

The District Collector, Pune and others.

...

Respondents.

Mr.Manoj M. Badgujar for the applicant.

Mrs.R.A.Salunkhe, AGP for the respondent-State. CORAM :

A.S.OKA AND RIYAZ I. CHAGLA, JJ.

DATE :

23rd April 2018.

P.C.:

The learned counsel appearing for the applicants states that publication of notice has been served to one Shri Avinash Thakur. 2.

The applicant is relying upon the deed of gift dated 29th December 2011 executed by Shri Avinash Thakur and Mrs.Kanchan Thakur in respect of flat No.705 in the building "B-1" which is subject matter of writ petition. As per the order passed in the writ petition, the said Shri Avinash Thakur is entitled to withdraw the requisite amount.

SKN 2/2 1524.17-caw 3.

In view of the deed of gift dated 29th December 2011, which is duly registered in the office of the Sub-Registrar, Haveli No.II, prayer clause (a) will have to be granted. However, before disbursement of the amount, the applicants will have to submit indemnity bond to the satisfaction of the Registrar (Judicial-I) indemnifying this Court and its officials against any demand made by Shri Avinash Thakur and Mrs.Kanchan Thakur or any other person claiming through them. The Registrar (Judicial-I) will disburse the amount to the applicants only after indemnity bond is furnished by the applicants. The disbursement can be made only after verification of the account details mentioned in prayer clause (a).

4.

The civil application is disposed of with the above directions. (RIYAZ I. CHAGLA, J.) (A.S.OKA, J.)