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Bombay High CourtCA/3722/2017disposed offdismissed for default

Gopinath Eknath Sude v. The State Of Maharashtra And ANR

2017-09-18Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.3689 OF 2017 IN FIRST APPEAL NO.2124 OF 2010 Pralhad Vithoba Chame ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri V.D. Kodale, Advocate holding for Shri V.D. Gunale, Advocate for applicant Shri Y.G. Gujarathi, A.G.P. for respondent No.1/ State Shri S.S. Dande, Advocate for respondent No.2 .....

W I T H CIVIL APPLICATION NO.3690 OF 2017 IN FIRST APPEAL NO.2130 OF 2010 Shrirang Madhav Ghar ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri V.D. Kodale, Advocate holding for Shri V.D. Gunale, Advocate for applicant Shri Y.G. Gujarathi, A.G.P. for respondent No.1/ State Shri S.S. Dande, Advocate for respondent No.2 .....

W I T H CIVIL APPLICATION NO.3691 OF 2017 IN FIRST APPEAL NO.2123 OF 2010 Baburao Nivrutti Chame ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri V.D. Kodale, Advocate holding for Shri V.D. Gunale, Advocate for applicant Shri Y.G. Gujarathi, A.G.P. for respondent No.1/ State Shri S.S. Dande, Advocate for respondent No.2 .....

W I T H CIVIL APPLICATION NO.3692 OF 2017 IN FIRST APPEAL NO.2128 OF 2010 Vishwanath Madhav Boke (Died) L.Rs.

Baban Vishwanath Boke & others ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri V.D. Kodale, Advocate holding for Shri V.D. Gunale, Advocate for applicants Shri Y.G. Gujarathi, A.G.P. for respondent No.1/ State Shri S.S. Dande, Advocate for respondent No.2 .....

W I T H CIVIL APPLICATION NO.3722 OF 2017 IN FIRST APPEAL NO.2125 OF 2010 Gopinath Eknath Sude ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri V.D. Kodale, Advocate holding for Shri V.D. Gunale, Advocate for applicant Shri Y.G. Gujarathi, A.G.P. for respondent No.1/ State Shri S.S. Dande, Advocate for respondent No.2 .....

CORAM:

R.D. DHANUKA AND SUNIL K. KOTWAL, JJ.

DATED:

18th September, 2017.

ORAL ORDER :

1.

By these Civil Applications, the applicants seek to withdraw the Bank guarantee submitted to this Court pursuant to the interim order passed by this Court. The permission to withdraw the Bank guarantee is sought in view of the order passed by the Supreme Court on 16/11/2015 in Special Leave Petition (Civil) Nos.13415/2015 with other connected petitions, which according to the applicants, applies to the facts of this case.

2.

Though the applicants have prayed for withdrawal of the interest amount accrued on the Fixed Deposits, the learned counsel appearing for the applicants does not press that relief. 3.

We have perused the order passed by the Supreme Court in Special Leave Petition (Civil) Nos.13415/2015 with other connected petitions, on 16/11/2015. In view of the said order, the applicants can be permitted to withdraw the Bank guarantee furnished by the applicants.

4.

The office is directed to return the Bank guarantee furnished by the applicants within four weeks from today. The applicants shall produce the copy of letter addressed by learned

Collector, Latur, addressed to the Registrar (Judicial) of this Court on 25/1/2017 for perusal of the Registrar (Judicial). Civil Applications are disposed of in aforesaid terms. 5.

Office to act upon authenticated copy of this order. (SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE fmp/