Ramesh Narayanrao Pande v. The Chief Officer, Maharashtra Housing And Area Development Board, Aurangabad And Another

C.A. No.12450/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12450 OF 2022 IN FIRST APPEAL NO.5137 OF 2017 Ramesh s/o Narayan Pande ... APPLICANT

VERSUS

The Chief Officer, Maharashtra Housing andArea Development & anr.

... RESPONDENTS .......

Mr. H.B. Nandagavale, Advocate holding for Mr. S.V. Gundre, Advocate for applicant Mr. K.B.Jadhavar, Advocate for respondent No.1. Mr. S.P. Deshmukh, A.G.P. for respondent No.2. .......

CORAM :

R. G. AVACHAT, AND R. M. JOSHI, JJ.

DATED :

25th NOVEMBER, 2022.

PER COURT :

This civil application is filed for seeking withdrawal of component of interest accrued after deposit of the 50% amount by the appellant.

2.

Attention of this Court is drawn to the order dated 24/1/2019 passed by this Court, permitting withdrawal of 50% amount on submitting undertaking and remaining 50% amount by furnishing Bank guarantee. A grievance is made

C.A. No.12450/2022 :: 2 ::

that, the withdrawal of the 50% amount was granted without interest accrued thereon. Learned counsel for the appellant opposes the request.

3.

Since the present application is for withdrawal of the interest which has accrued after deposit of the amount in the Court, we find no reason to decline the said request. The amount of interest accrued is permitted to be withdrawn on the same conditions as imposed by order dated 24/1/2019. Civil Application stands disposed of.

( R. M. JOSHI, J. ) ( R. G. AVACHAT, J. ) fmp/-