Jagannath Himmatrao Thombare And ORS v. M.S.R.Tc.Aurangabad And ORS

{1} 16-CA-7482-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7482 OF 2018 IN FIRST APPEAL NO. 4141 OF 2016 JAGANNATH HIMMATRAO THOMBARE AND OTHERS

VERSUS

M.S.R.TC.AURANGABAD AND OTHERS ...

Advocate for Applicants : Ms. S.P. Kakade Advocate for Respondent No.1 : Ms. R.D. Reddy ....

CORAM : S.G. DIGE, J.

DATE : 25th July, 2022 ORDER :

.

Heard learned Counsel for applicants and learned Counsel for respondent No.1.

2.

Learned Counsel for applicants submits that, this Court has disposed of the appeal by order dated 28th July, 2017. Applicants have withdrawn the deposited amount but interest thereon is remained to be withdrawn by the applicants.

3.

Learned Counsel for applicants further submits that, applicants were permitted to withdraw the amount of Pooja K.

{2} 16-CA-7482-2018 Rs.15,85,800/-. This amount is already withdrawn by the applicants but interest thereon is not withdrawn. Hence, applicants requested to permit them to withdraw the interest accrued on the withdraw amount.

4.

Learned Counsel for respondent No.1 submits that, amount of Rs.1,63,200/- were returned to the applicants, hence applicants are not entitled for interest on amount of Rs.1,63,200/-.

5.

I have heard both learned Counsel. This Court (Coram : P.R. Bora, J.) by order dated 28th July, 2017 has partly allowed the appeal and amount of Rs.15,85,800/- is awarded to the applicants. Applicants have withdrawn this amount but have not withdrawn interest thereon. Applicants are entitled to withdraw the interest amount, till today.

6.

The Civil Application is disposed of.

[S.G. DIGE, J.] Pooja K.