Mr. Abu Rashid Abu Asad Shaikh v. Sharada Ramnarayan Mistry(Deceased)Thr.Lrs.

Megha 31_ia_19761_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19761 OF 2022 IN FIRST APPEAL NO.295 OF 1993 Abu Rashid Abu Asad Shaikh In the matter between ...Applicant Sharada Ramnarayan Mistry (since deceased) 1(a) Prem Shankar Sharada Mistry and Ors.

...Appellants

Versus

Abu Asad Farid Ahmed (since deceased) 1(a) Abu Rashid Abu Asad Shaikh and Ors.

...Respondents

...

Mr. S.C. Singh for the Appellant.

Mr. G.C. Singh for Applicant/Respondent.

Mr. E.B. Shivkumar, 1st Assistant to Court Receiver with Mrs. S.V. Golatkar, Master (ADM) Court Receiver, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 18th NOVEMBER, 2022.

P. C. :- 1.

The appeal was disposed of pursuant to the consent terms filed by the parties. The parties had agreed that the money deposited pursuant to order dated 24/06/1993 should be paid to the Respondents without furnishing solvent sureties. 2.

Learned counsel for the original Respondent states that apart from the principal amount, the Respondent is also entitled to Digitally signed by MEGHA S PARAB Date:

2022.11.23 14:21:14 +0530 MEGHA S PARAB 1/2

Megha 31_ia_19761_2022.doc withdraw interest accrued on the said amount. Learned counsel for the Appellant has no objection for payment of the principal amount as well as the interest to the Respondent.

3.

In the light of the said statement, application is disposed of with directions to pay to the original Respondent an amount deposited with the Court Receiver pursuant to order dated 21/03/1993 along with interest accrued thereon.

4.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2