Babarao Bapurao Karad And ORS v. The Superintendent Engineer M.S.E.D.C.L. Latur And ORS

973-CA-4519-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4519 OF 2021 IN FAST/26757/2009 BABARAO BAPURAO KARAD AND OTHERS

VERSUS

THE SUPERINTENDENT ENGINEER M.S.E.D.C.L. LATUR AND OTHERS ...

Advocate for Applicants : Mr. Dhananjay A. Mane Advocate for Respondent No. 1 : Mr. A. S. Bajaj ...

CORAM :

ANIL S. KILOR, J.

DATE : 8th APRIL, 2021 PER COURT :- 1.

This application is moved by the applicants - original plaintiffs for transmitting the amount of Rs.2,50,000/- deposited by the respondent-Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) to lower appellate Court. It is stated that because of the pecuniary jurisdiction the appeal was transferred to the lower Court and appeal was disposed of.

2.

Mr. Bajaj, learned counsel appearing for respondent -MSEDCL has no objection to allow this application, however, with clarification that since the amount deposited has accrued interest the amount shall be adjusted for the satisfaction of the decree. 3.

Accordingly, the civil application is allowed. The Registry is directed to transfer the amount along with interest, if any. It is made clear that the amount transmitted shall be adjusted for the satisfaction of the decree.

4.

The civil application stands disposed of accordingly. ( ANIL S. KILOR ) JUDGE mtk