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Bombay High CourtCA/12685/2022disposed off

Gulab Tanaji Pawar v. Shabari Adiwasi Finance And Development Corporation Ltd., Nandurbar Thr Its Branch Manager

2022-09-08Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12685 OF 2022 IN FIRST APPEAL NO. 1464 OF 2009 Gulab s/o Tanaji Pawar Applicant

Versus

Shabari Adiwasi Finance and Development Corporation Ltd.

Respondent Mr. Y. B. Bolkar, advocate holding for Mr. J. R. Shah, advocate for the Applicant Mr. P. H. Patil, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE J.

DATE : 08th September, 2022.

PC :

By this application, the applicant has prayed for either transfer amount of Rs.35,000/- or to withdraw the same on furnishing solvent surety.

Admittedly, this Court, vide order dated 09.08.2011, has already permitted the applicant to withdraw the aforesaid amount on furnishing solvent security to the satisfaction of the Registrar (J) of this Court. However, in the meantime, the appeal has been transferred to the District Court, Nandurbar, on account of enhanced monetary jurisdiction.

As such, in view of the earlier order, the present

{2} ca12685.22.odt application is allowed only in terms of prayer clause "B" and the amount of Rs.35,000/- lying with this Court, be transferred to the District Court, Nandurbar, along with the accrued interest thereon till date. It is made clear that the applicant will be at liberty to fle separate application for withdrawal of amount before the concerned District Judge, Nandurbar, in whose Court the present appeal is lying.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb