Ram Pravesh Sharma v. Trinity Forge Limited

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2564 OF 2010 (Ram Naresh Sharma Vs. Trinity Forge Limited, Nagapur) WITH CIVIL APPLICATION NO.8890 OF 2011 WITH WRIT PETITION NO.5480 OF 2010 Mr.P.V.Barde, Advocate for the petitioner.

Mr.V.N.Upadhye, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 11/12/2015 PER COURT :

1.

Mr.Upadhye, learned Advocate submits that an amount of Rs.50,000/- in each of these two petitions is being deposited by demand draft dated 02/12/2015 bearing Nos.832225 and 832227. The remaining amount of Rs.50,000/- in each of these petitions will be positively deposited on or before 31/01/2016. 2.

I find that the direction to deposit Rs.1,00,000/- in each of these petitions is dated 02/09/2011 after the order was passed upon hearing the learned Advocates for the respective sides. 3.

On 08/10/2015 and on 14/12/2015, this Court has recorded the failure on the part of the respondent/Management in depositing the said amounts.

4.

Considering the above, the respondent/Management is khs/Dec.2015/2564-d

permitted to deposit the above noted Demand Drafts on or before 15/12/2015 in these matters.

5.

The respondent will be under an obligation, in the light of the statement made by Mr.Upadhye on instructions, to deposit the residual amount of Rs.50,000/- in each of these matters on or before 29/01/2016. Failure to deposit the said amount as directed, will be construed to be an act of disobeying the order of this Court dated 02/12/2011, 08/10/2015 and this order.

6.

With the above directions, the civil application is disposed of. 7.

These two writ petitions shall be listed for final hearing on 04/02/2016.

8.

Needless to state, the petitioner is at liberty to file a civil application for withdrawal of the amount deposited. ( RAVINDRA V. GHUGE, J.) khs/Dec.2015/2564-d