Rajaram Ganpati More v. M/S Fortune Pharma Ltd. Thr Its Director Vikram Sudhakarrao Mule And Another

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

921. CA/7003/2015 In FA/2463/2014 RAJARAM GANPATI MORE V/S M/S FORTUNE PHARMA LTD. THR ITS DIRECTOR Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.K. Lakhotiya, Advocate for applicant.

Mr. S.R. Deshpande, Advocate for respondent No.1. CORAM : T.V. NALAWADE, J.

DATED : 15th July, 2015.

PER COURT :

1. The application is filed for permission to withdraw the amount of Rs. Ten lakh deposited by the respondent/appellant as per the directions given by this Court. This Court has gone through the judgment and this Court has considered the submissions made with regard to the rival cases.

2. This Court holds that permission needs to be granted to original plaintiff to withdraw the amount along with accrued interest subject to condition of giving undertaking to deposit the said amount with interest at the rate of 12% p.a. if the original defendant succeeds in appeal.

3. Application is allowed. Amount is to be handed over to original plaintiffs along with the interest which is accrued and undertaking in respect of that amount is to be taken from original plaintiff.

[ T.V. NALAWADE, J. ] ssc/