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Bombay High CourtCA/5488/2015admittedallowedgrantedrule absolute

Uttam Yadav Khotkar v. The Cidco Maharashtra Aurangabad And Others

2015-07-17Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CA/5488/2015 IN FA/666/2009 UTTAM YADAVRAO KHOTKAR

VERSUS

THE CIDCO MAHARASHTRA AURANGABAD AND OTHERS ...

Advocate for Applicant : Mr. Jayabhar Dattatraya R. Advocate for respondent No.1: Mr. A S Bajaj Advocate for respondent No.3: Mr. S Choudhari ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 17, 2015 ...

PER COURT :- In a companion matter, similar request made by the applicant therein, has been considered favourably. Learned counsel appearing for Cidco opposes the request made by the applicant. However, considering the earlier order passed by this Court in CA No.6611 of 2015, the application is allowed. The petitioners are permitted to withdraw 25% of the amount by furnishing solvent surety and the balance 25% shall be invested in the fixed deposit in Nationalized bank for a period of three years initially and the fixed deposit shall be renewed thereafter, for a period until disposal of the appeal. Order passed by this Court permitting the applicant to withdraw the amount dated 26.8.2011 stands modified accordingly.

Civil application is disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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