Shri Subhash Nanasaheb Desai And ANR. v. Smt Saraswati Tukaram Madbhagat ANR ANR.

63.2846.18-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 2846/2018 in First Appeal No. 943/2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Manoj A. Patil for the Applicant

CORAM

: K.K.TATED, J.

DATED : APRIL, 8, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking permission to withdraw sum of Rs.25,000/- deposited by them at the time of filing the First Appeal against the judgment and award dated 29.03.2012 passed by the MACT, Gadhinglaj in MACP No.13/2009.

The learned counsel for the Applicant submits that the matter is settled between the parties in Darkhast No.6/2012 by filing Consent Terms.

In support of this contention, he relies on the Consent Terms dated 05.10.2016 (Exhibit-B page 8). He submits that thereafter the First Appeal and the Civil Application No.2486/2005 was Basavraj G Patil 1/2

63.2846.18-caf.doc withdrawn by the Applicant by order dated 09.02.2017. He submits that at that time, it remained on their part to seek permission to withdraw the said sum of Rs.25,000/-.

Considering the submissions made by the learned counsel for the Applicant, the terms of settlement dated 05.10.2016 and as the First Appeal was withdrawn by order dated 09.02.2017, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

Office to refund a sum of Rs.25,000/- to the Applicant deposited by them while filing the First Appeal, with accrued interest, if any, without any security.

b.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Basavraj G Patil 2/2