Prakash Dinkar Deshpande And ANR v. Sandipan Pandurang Kamble And ANR

927 ca.4203.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

927 CIVIL APPLICATION NO. 4203 OF 2017 IN FA/1470/2016 PRAKASH DINKAR DESHPANDE AND ANOTHER

VERSUS

SANDIPAN PANDURANG KAMBLE AND ANOTHER ...

Advocate for Applicants : Mr. Fayaz K. Patel. Advocate for Respondent No.1 : Mr. S. B. Bhosikar. Advocate for Respondent No.2 : Mrs. Reddy Ranjana D. ...

CORAM :

V. K. JADHAV, J.

DATE :

30th March, 2017.

P.C.:

.

The learned counsel for the Applicants submits that this Court by order dated 29th April, 2016 has directed to keep the remaining amount in FDR in any Nationalized Bank till disposal of the appeal and further permitted the Claimants to withdraw half of the interest amount on the said FDR till disposal of the appeal. The learned counsel submits that the Applicants are residing in Latur city and it is not possible for them to come at Aurangabad for withdrawing the interest as directed above. The learned counsel submits that the said order be modified directing the Registry to transfer half of the interest amount as allowed by this Court in the bank account of the Applicants maintained in Solapur Siddherwar Sahakari Bank Ltd., Solapur Branch at Latur bearing Account No.1017005000501, IFSC Code No. HDFCOCSIDDH.

927 ca.4203.17.odt I do not find any reason to refuse this request. It is difficult for the Applicants to come at Aurangabad to withdraw half of the interest amount on the FDR till disposal of the appeal. In view of the same, the order dated 29th April, 2016 is modified and at the end of para 4 of the said order, add the following sentence:

"The Registry is hereby directed to transfer half of the interest amount in the bank account of the Applicants maintained in Solapur Siddherwar Sahakari Bank Ltd., Solapur Branch at Latur bearing Account No.1017005000501, IFSC Code No. HDFCOCSIDDH."

Civil application is accordingly disposed of. [ V. K. JADHAV, J. ] ndm