Ramchandra Bhagwan Dandnaik v. The Managing Director And Anothers

2024:BHC-AUG:5881

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 12072 OF 2015 IN WRIT PETITION NO.4457 OF 2014 SHAM GANPATI PATIL DIED THROUGH LEGAL HEIRS RAVITA SHAM PATIL & OTHERS

VERSUS

THE MANAGING DIRECTOR, PUBLIC GAS TRANSPORT INFRASTRUCTURE LTD. & ANOTHER ...

Advocate for Applicant : Mr.S.J.Salgare Advocate for petitioner in WP : Adv.C.S.Deshmukh h/f. Adv.V.S.Badakh ...

WITH CIVIL APPLICATION NO. 13765 OF 2015 IN WRIT PETITION NO.4459 OF 2014 RAMCHANDRA BHAGWAN DANDNAIK

VERSUS

THE MANAGING DIRECTOR, PUBLIC GAS TRANSPORT INFRASTRUCTURE LTD. & ANOTHER ...

Advocate for Applicant : Mr.S.J.Salgare Advocate for petitioner in WP : Adv.C.S.Deshmukh h/f. Adv.V.S.Badakh ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 28.02.2024 P.C. :

1] The present Civil Applications are filed to withdraw the amount deposited by the petitioner Company in this Court.

2] The learned counsel for the applicants placed on record copy of the order dated 28th November, 2017 wherein this Court has permitted withdrawal of the amount to the applicants therein on certain terms and conditions. In view of the same, the said order would be applicable to the present civil applications also. The learned counsel for the applicants in Civil Application No.12072 of 2015 submits that legal heirs of applicant namely Sham Ganpati Patil are brought on record and the amount may be distributed to the legal heirs of the applicant - Sham Ganpati Patil in equal proportion.

3] The learned counsel for the respondent no.1 has objected to the withdrawal of the amount. However, the learned counsel submits that in Civil Application No.13652 of 2015, the applicants have been permitted to withdraw amount in terms of above order on terms and conditions mentioned in the said order.

4] In view of the same, the applicants are permitted to withdraw the amount along with accrued interest thereon subject to the condition that the applicants shall furnish an undertaking to the satisfaction of the Registrar [Judicial] that in case the petitions are allowed, the amount withdrawn would be re-deposited within 10

weeks from the date of such order together with interest @ 7% p.a.

5] The amount along with interest accrued thereon in Civil Application No.12072 of 2015 be distributed to the legal heirs of the applicant, namely, Sham Ganpati Patil in equal proportion.

6] Civil Applications are disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC