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Bombay High CourtCA/7179/2023disposed off

Shri Khandeshwar Gramin Bigar Sheti Sahakari Patsanstha Ltd., Thr Its Secretary v. Asma Jabir Shaikh And Others

2023-07-31Hon'Ble Shri Justice Kishore C. Sant2 pages

9CA7177.2023&Ors

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO.7177 OF 2023 IN WRIT PETITION NO. 13143 OF 2022 SHRI KHANDESHWAR GRAMIN BIGAR SHETI SAHAKARI PATSANSTHA LTD., THR ITS SECRETARY

VERSUS

PRASHANT CHANDRAKANT BANKER AND OTHERS ...

Advocate for Applicants : Mr. Vitthal Haribhau Dighe AGP for Respondents: Mrs. D. S. Jape Advocate for petitioner in WP : Mrs. S. M. Zaware ...

AND CIVIL APPLICATION NO.7180 OF 2023 IN WRIT PETITION NO. 13142 OF 2022 CIVIL APPLICATION NO.7179 OF 2023 IN WRIT PETITION NO. 13141 OF 2022 WITH WRIT PETITION NO. 13141 OF 2022 WRIT PETITION NO. 13142 OF 2022 WRIT PETITION NO. 13143 OF 2022 CORAM : KISHORE C. SANT, J.

DATE : 31ST JULY, 2023 PER COURT :

1.

This Court had directed the petitioner in writ petitions vide order dated 01.02.2023 to deposit 25% amount of the recovery sgp 1/2

9CA7177.2023&Ors certificate to show bona fide. Pursuant to the said order, the petitioner has deposited the said amount. Respondent no. 3 has filed this application for withdrawal of the said amount. Respondent no. 3 (applicant herein) is the Gramin Bigar Sheti Sahakari Patsanstha. Recovery Certificate under Section 101 is issued in favour of respondent no. 3. Though this matter was earlier adjourned on the ground of settlement between the parties, no compromise pursis is placed on record for some reason.

2.

In view of the above, the applications are allowed in terms of prayer clause 'B' thereof and disposed of. 3.

Writ Petitions be listed on 17 th August, 2023 , in the urgent category.

[ KISHORE C. SANT ] JUDGE sgp 2/2