The Maharashtra Executors And Trustee Co. Ltd. v. Megha Pradyumna Palshikar

31 nmw417-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.417 OF 2015 IN WRIT PETITION NO.1563 OF 2014 Office Notes, Office Memorandum - Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.P.M. Patel for the petitioner Mr.V.P. Vaidya for the applicant CORAM : K. K. TATED, J.

DATE : FEBRUARY 23, 2017 P.C.:

Heard the learned counsel for the parties.

This Notice of Motion is preferred by the respondent for direction to the petitioner to deposit gratuity amount as well as provident fund which the applicant is entitled.

The learned counsel for the petitioner after taking instruction from his client makes a statement that as on today, sum of Rs.1,72,363/- employees share and Rs.1,72,363/- employers share i.e. Rs.3,44,726/- towards provident fund is lying with them. He further submits that sum of Rs.72,388/- towards gratuity is lying with them. He submits that he received instruction from his client that they are ready and willing to deposit Mohite 1/2

31 nmw417-15 total sum of Rs.4,17,144/- in the Registry of this court.

Considering these facts and the statement made by the learned counsel for the petitioner bank, following order is passed:

a) Petitioner to deposit sum of Rs.4,17,144/- in the Registry of this court within four weeks from today b) Registry is directed to invest the entire amount in fixed deposit of any nationalised bank initially for a period of 1 year and same be continued till further hearing and final disposal of Writ Petition No.1563 of 2014.

c) Liberty granted to the applicant to prefer appropriate application if he so desires for withdrawal of the said amount and that application be decided on its own merits.

d) Notice of Motion stands disposed of accordingly.

JUDGE Mohite 2/2