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Bombay High CourtCA/11272/2015admittedallowedgrantedrule absolute

Raju Shriram Shinde v. Bajaj Auto Limited, Aurangabad

2015-12-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

11272.15ca -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11272 OF 2015 IN WRIT PETITION NO. 1921 OF 2015 Raju Shriram Shinde, Age: 43 years, Occ: Nil, R/o Dhondalgaon, Tal. Vaijapur, Dist. Aurangabad.

...Applicant versus Bajaj Auto Limited, Bajajngar, MIDC, Waluj, Aurangabad 431 136.

...Respondent

.....

Mr. N.L. Dhobale, Advocate h/f Mr. B.R. Kawre, Advocate for applicant Mr. S.S. Kulkarni, Advocate h/f Mr. Y.R. Marlapalle, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 4th DECEMBER, 2015 ORAL ORDER :

It is not in dispute that the order pursuant to which the applicant is entitled for withdrawal of amount of Rs.2,35,384-62 ps. and interest accrued thereon, was decided against non-applicant herein. The applicant at the relevant time was unable to withdraw the amount as was not in a position to furnish security as ordered. 2.

In view of the fact that the proceedings now have

11272.15ca -2attained finality against non-applicant, civil application stands allowed. The applicant will be entitled to withdrawn the amount as mentioned in prayer clause (a) of the application, with interest, if any accrued thereon.

[ N.W. SAMBRE, J. ] Tupe/04.12.15