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Bombay High CourtCA/3714/2017disposed offdismissed for default

Mandabai Popat Changhate And Another v. Managing Director Ashok Sahakri Sakhar Karkhana Ahmednagar

2017-03-17Hon'Ble Shri Justice V.K. Jadhav2 pages

1027 ca 3714.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1027 CIVIL APPLICATION NO. 3714 OF 2017 IN FA/651/2014 MANDABAI POPAT CHANGHATE AD ANOTHER

VERSUS

MANAGING DIRECTOR ASHOK SAAKRI SAKHAR KARKHANA AHMEDNAGAR ...

Advocate for Applicants : Deshmukh H.D.

Advocate for Respondents : V. N. Upadhye For R/sole ...

CORAM : V.K. JADHAV, J.

DATE : 17-03-2017.

P.C. :

1.

The learned counsel for the applicants submits that, applicant no.1 is suffering from heart disease and she is under treatment as per the certificate issued by the concerned hospital placed at exhibit-R3 and an amount of Rs.1,50,000/- to Rs. 2,00,000/- is required for further treatment. 2.

The learned counsel for the respondent has strongly resisted the application on the ground that, as per the earlier order passed by this Court the applicant has already withdrawn an amount of Rs. 1,50,000/-, thus, the application seeking withdrawal of more amount is liable to be rejected.

3.

On perusal of the certificate at exhibit-R3, it appears that, the applicant no.1 requires near about Rupees Two Lakhs for treatment of her disease. Considering the challenge made to the

1027 ca 3714.17.odt judgment and award passed by the Commissioner and in view of the above certificate, the applicant is permitted to withdraw Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) on furnishing solvent security to the satisfaction of the Commissioner. Civil application is accordingly disposed of.

(V.K. JADHAV) JUDGE mub