Shri Datta Setkari Sahakari Sakhar Karkhana Ltd., Shirol, v. Union Of India Through Secretary, Ministry Of Agriculture And Irrigation And Others

caw2247 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION ALONG WITH CIVIL APPLICATION NO.2247 OF 2011 IN WRIT PETITION NO.3208 OF 1979 Shri Datta Setkari Sahakari Karkhana Ltd.,Shirol, Tal.Shirol, Dist.Kolhapur ...Applicant vs.

Union of India & Ors.

...Respondents

Mr.V.B.Rajure for the applicants Mr.V.S.Gokhale, AGP for the respondent No.2 CORAM : A.S.OKA, & V.L.ACHLIYA, JJ.

DATE : OCTOBER 16, 2015 P.C.:

Heard the learned counsel for the applicant. The applicant is claiming that it is the writ petitioner in writ petition No.3208 of 1979. The said writ petition and other connected writ petitions were disposed of on 27th October 2010. As per clause (9) of the said Judgment and order, the writ petitioner is entitled to refund of the amount deposited in the said writ petition.

As per the report of the Registrar (Judicial-I) dated 6th October 2015, a sum of 6,67,635.14 was diposited which has been invested in fixed deposit for the first time on 1st November 2012.

In view of the order of the Division Bench in the writ petition, we dispose of the application by

caw2247 passing the following order:

(I) A sum of Rs.6,67,635.14 together with interest accrued thereon shall be paid to the applicant after the Registrar (Judicial-I) is satisfied that the Applicant is the petitioner in the disposed of Writ Petition;

(II) If any interest has been accrued on the said amount prior to its investment in fixed deposit, the applicant shall be entitled even to the said interest amount as well as interest accrued on the fixed deposit;

(III) Civil application is disposed of on above terms.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)