Bharat Bhiwaji Kamble v. Bhagwan Bajirao Tandale And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 990 CIVIL APPLICATION NO. 10553 OF 2016 IN FA/2629/2013 BHARAT BHIWAJI KAMBLE

VERSUS

BHAGWAN BAJIRAO TANDALE AND ORS ...

Advocate for Applicant : Mr. Bade Patil K.D.

Mr. A.S.Deshpande For R/1 And 2 Mr. SS Dargad, Adv. h/for Mr. SG Chapalgaonkar, Adv. For R/3 ...

CORAM : P.R. BORA, J.

Dated: July 29, 2016 ...

PER COURT :- 1) Heard the learned Counsel appearing for the applicant and The learned Counsel for Respondent Nos.1 & 2. Though learned Counsel appearing for Respondent Nos.1 & 2 has opposed for withdrawal of the amount, I do not see any reason for rejecting the application. Hence, the following order, - i) The applicant is permitted to withdraw 50% of the amount on submitting an undertaking that in the event any adverse order is passed against him in the appeal, he will re-deposit the said amount in this court within 4 months of passing BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD such order;

ii) Balance 50% amount be invested in Fixed Deposit Receipt of any Nationalized Bank initially for a period of two years, to be renewed if so required till disposal of the appeal.

iii) CA for withdrawal of the amount is disposed of. 2) Place the appeal for final hearing on 25th August, 2016.

( P.R. BORA, J. ) ...

BDV