Lilabai Trimbak Bhale v. Vandana Krushana The State Of Maharashtra And ORS

2024:BHC-AUG:8640-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3924 OF 2024 IN CA/4042/2022 WITH CONT.PETITION NO. 486/2019 IN WP 667/2018 LILABAI TRIMBAK BHALE

VERSUS

VANDANA KRUSHANA THE STATE OF MAHARASHTRA AND ORS Ms. P. R. Jamdhade, Advocate for the Applicant Mr. V. M. Kagne, AGP for Respondent/State Mr. S. B. Pulkundwar, Advocate for Respondent Nos. 2 and 3 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 19th April, 2024 PER COURT :- 1.

While allowing the Civil Application No. 4042 of 2022 on 24th June, 2022, we have observed in paragraph No. 5 that the Petitioner can file an affidavit undertaking along with her Application for withdrawal. For clarity, paragraph No. 5 reproduced hereunder: "5. As such, the applicant would withdraw an amount of Rs. 1,50,000/-, which is the residual amount in light of paragraph No.5 of the order dated 06.03.2020. Needless to state, the petitioner/applicant shall file an affidavit undertaking alongwith her application for withdrawal, stating therein that if she is subsequently held dis-entitled to the entire amount withdrawn or to any portion thereof, she would return that excess that amount by depositing the same in this Court within 8 (eight) weeks from such adverse order."

2.

By this Civil Application, the Petitioner prays that the affidavit would be sworn/affirmed before the Superintendent of the District Court, 947.ca3924.24.odt

Hingoli and that would be produced through the Advocate in the registry of this Court. The said request is granted. The Civil Application is disposed off. Needless to state, the Registrar of this Court shall accept the said affidavit undertaking along with an Application for withdrawal of amount and a copy of the Adhar card of the Applicant. ( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp 947.ca3924.24.odt