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Bombay High CourtCA/6003/2015

Pratibha Balasaheb Chate And Another v. The State Of Maharshtra And Others

2015-10-09Hon'Ble Shri Justice S V Gangapurwala1 pages

963-6003.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO. 6003 OF 2015 IN FA/1816/2012 PRATIBHA BALASAHEB CHATE AND ANOTHER

VERSUS

THE STATE OF MAHARSHTRA AND OTHERS ...

Advocate for Applicants : Mr. V. C. Patil Ashtekar AGP for Respondents: Mr. D. V. Tele Advocate for Respondent No.7: Mr. S. S. Kulkarni ...

CORAM

: S. V. GANGAPURWALA, J.

DATE :

9th October, 2015 PER COURT :

1.

The present applicant No.1 is already allowed to withdraw Rs.5 lakhs vide order dated 30th July, 2013. It is submitted that thereafter the State has deposited an amount of interest to the extent of Rs.10 lakhs. Share of the applicant No.1 would be Rs.3 lakhs. The amount of share of the applicant No.2 cannot be allowed to be withdrawn by any one as she is minor.

2.

Considering the above, I pass following order: i. The applicant No.1 Pratibha w/o of Balasaheb Chate is allowed to withdraw Rs.3,00,000/- (Rupees three lakhs) on submitting solvent security/surety of like amount.

ii.

The remaining amount be kept in fixed deposit of any nationalized bank.

iii.

The application is accordingly disposed of.

( S. V. GANGAPURWALA, J. ) JPC 1/1