Twenty First Century Infra Tele Limited, Mumbai v. The Nanded Waghala Municipal Corporation, Nanded And Another

2266.15ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2266 OF 2015 IN WRIT PETITION NO. 6794 OF 2010 Twenty First Century Infra Tele Limited, A Company incorporated under the Companies Act, 1956 and having its Registered office at 4th Floor, Tower-3, Peninsula Techno Park, Office Bandra Kurla Complex, LBS Marg, Kurla(W), Mumbai-70 Through it's Manager (Legal) Ms. Vishakha V. Jadhav ...Applicant versus The Nanded-Waghala Municipal Corporation, Nanded, Through its Commissioner & anr.

...Respondents

.....

Mr. P. S. Chavan, Advocate for applicant.

Mr. M. V. Deshpande, Advocate for respondent No. 1. Mr. S. K. Tambe, A. G. P. for respondent/State. .....

CORAM : R. M. BORDE & N. W. SAMBRE, JJ.

DATE : 20TH FEBRUARY, 2015 PER COURT :

.

The applicant requested for refund of the amount in view of the observations made by this Court in the operative order passed in Writ Petition No. 825 of 2009 and other connected matters. The petitioner contends that, he is entitled to withdraw sum of

2266.15ca -2Rs. 7,00,000/- (Rs. Seven Lakhs) deposited in this Court. 2.

The Counsel for the Municipal Corporation does not have any serious objections for withdrawal of the amount. 3.

The application is allowed. The applicants shall be permitted to withdraw the sum of Rs. 7,00,000/- (Rs. Seven Lakhs) deposited by him with registry of this Court in Writ Petition No. 6794 of 2010, without interest.

4.

If Municipal Corporation is of the opinion that, some amount is due from the applicant, it would be open for the Municipal Corporation to take steps for recovery of the amount independently. [ N.W. SAMBRE, J. ] [ R. M. BORDE, J. ] Tupe/20.02.15