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Bombay High CourtCA/7318/2020disposed off

Sunita Pandit Kale And ORS v. Parmanand Singh Ganesh Singh And ORS

2021-10-01Hon'Ble Shri Justice R. G. Avachat2 pages

943-CA-7318-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7318 OF 2020 IN FIRST APPEAL (ST) NO. 971 OF 2020 Sunita Pandit Kale and Others ..APPLICANTS

VERSUS

Parmanand Singh Ganesh Singh and Others ..RESPONDENTS ....

Mr. M.R. Deshmukh, Advocate for applicants Mr. M.B. Sandanshiv, Advocate h/f Mr. S.R. Bodade, Advocate for respondent no.3 ....

CORAM : R.G. AVACHAT, J.

DATED : 01st OCTOBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for Respondent No.3 objects to permit withdrawal of the amount.

3.

The deceased was said to have been operating JCB machine and was doing allied business. There are however, income tax returns filed before the tribunal. In the factual backdrop, the applicants are permitted to withdraw 50% of the amount in deposit alongwith interest accrued thereon 1 / 2

943-CA-7318-20.odt on submitting usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance 50% amount be invested in fixed deposit with any of the nationalised bank, pending the appeal. Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2