The Ahmednagar District Central Co Op Bank Ltd. v. The Assistant Provident Fund Commissioner And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.3590/2014 15 CIVIL APPLICATION NO. 3590/2014 IN WP/1015/2006 Ahmednagar District Central Co-operative Bank Ltd., Head Office at Station Road Ahmednagar, Through its General Manager Shri Siddarth Dharmaji Waghmare, Age 54 yrs., r/o Ahmednagar.

...APPLICANT versus 1.

The Assistant Provident Commissioner and Recovery Officer Employees Provident Fund Organization Bhavishya Nidhi Bhavan, Plot No.11, MIDC Satpur, Nashik.

2.

The Jagdamba Sahakari Sakhar Karkhana Tq. Karjat, Dist. Ahmednagar Through its Liquidator.

...RESPONDENTS ...

Mr.R.N.Dhorde, Senior Advocate, with Mr. Vikram R.Dhorde, Advocate, for the applicant.

Mr.K.B.Choudhari, Adv., for respondent no.1.

Mr. C.K.Shinde, Adv., for respondent no.2.

...

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

Dated: March 18, 2016 ...

PER COURT :- 1.

The instant application is presented by the applicant Bank, seeking withdrawal of Rs.46,21,469/- deposited in this Court together with interest accrued thereon. AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.3590/2014 2.

It is not a matter of dispute that the aforesaid sum is towards interest accrued on the principal amount in respect of which the entitlement of the applicant has already been upheld by the Division Bench of this Court while dealing with Writ Petition No.1015/2006 and other companion matters, vide order dated 29th July, 2011.

2.

In view of the order passed by this Court, referred to above, the instant application deserves to be allowed and the same is accordingly allowed. The applicant shall be permitted to withdraw the amount quoted as above, together with interest accrued thereon, if any, without any pre-conditions. Civil Application is disposed of accordingly. ( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

AGP/-