Anjali Deepak Munot And Others v. Indian Airline Corporation Ltd. And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 2500 OF 2016 IN FA/3084/2015 ANJALI DEEPAK MUNOT AND OTHERS

VERSUS

INDIAN AIRLINE CORPORATION LTD. AND OTHERS ...

Advocate for Applicants : Mr. Bajaj Anil S.

Mr. J V Deshpande For R/1.

----- CORAM : P.R.BORA, J.

DATE :

1 st April,2016.

PER COURT :

1) Heard. By the present application, the applicants/original claimants seek permission to withdraw the amount deposited by the appellant in this Court.

2) The appellant has deposited an amount of Rs.17,54,632/- in this Court.

3) The learned Counsel appearing for the respondents has raised an objection for permitting the original claimants to withdraw whole of the amount. The learned Counsel submits that he may not have any objelction if 50% of the amount is permitted to be withdrawn and the balance amount is kept in FDR.

On such submission, learned Counsel for the applicants submits that the applilcants /original claimants

are ready to furnish bank guarantee of the entire amount, if they are permitted to withdraw the said amount. In view of the submission so made, I am inclined to permit the applicants/original claimants to withdraw whole of the amount on furnishing bank guarantee for the entire said amount. Hence, the following order, -

ORDER

a) The applicants/original claimants are permitted to withdraw the amount deposited by the Appellant in this Court, along with the interest accrued thereon on furnishing bank guarantee of any nationalized or scheduled bank of the equal amount.;

b) A cheque of the said amount be issued in the name of Shreyas Deepak Munot, i.e. applicant No.2.

c) The Civil Application stands disposed of.

(P.R.BORA) JUDGE bdv/