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Bombay High CourtCA/8312/2023disposed off

Jalna Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Maryadit Parbhani Thr Its Administrator v. Baburao Kisanrao Londhe And ORS

2023-07-13Hon'Ble Shri Justice N. B. Suryawanshi3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8312 OF 2023 IN WRIT PETITION NO. 3519 OF 2011 Jalna Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Maryadit, Parbhani, Through It's administrator & Another Applicants

Versus

Shri. Baburao Kisanrao Londhe and Others Respondents Mr. V.S. Deshpande h/f. Mr. S.V. Dankh, Advocate for the applicants.

Mr. A.R. Tapse h/f. Mr. P.D. Suryawanshi, Advocate for respondent Nos. 1, 7 and 17.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th JULY, 2023 ORDER :

1.

Heard the learned advocate for the applicant and learned advocate for the respondents.

2.

Though, permission is sought by the applicants/bank to deposit amount of Rs. 91,61,389/- in this Court and the cheque is ready with the learned advocate for the applicants, it would be inconvenient for the respondents to time and again approach this Court for withdrawal of said amount. As per the

{2} directions of Government, the respondents have to comply certain formalities at the time of withdrawal of the amount. Said exercise cannot be supervised by the Registrar of this Court. 3.

In Writ Petition No. 8900/2011, this Court has directed that on compliance of formalities as per the directions of Government by the respondents, the bank shall transfer the amount in the respective bank accounts of the respondents without any delay. The same course can be adopted in the present matter.

4.

Learned advocate for the applicant bank on instructions from the officer present in the Court states that the applicant/bank is ready to transfer amount in the respective bank accounts of the respondents/other employees, who have not approached this Court, on compliance of all the formalities by the respondents/other employees/legal heirs of deceased employees. This statement is accepted as undertaking to this Court.

5.

In that view of the matter, the applicant shall retain the said amount in its account and on compliance of all the

{3} formalities of filing undertaking etc., as per the directions of Government, transfer the amounts, as per entitlement, in the respective bank accounts of the respondents/other employees/legal heirs, without any delay. With these directions, civil application is disposed of.

[NITIN B. SURYAWANSHI, J.]