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Bombay High CourtCA/11476/2017disposed offdismissed for default

Jahidabee Begum Bashir Sayyed And ORS v. Vice Chancellor Marathwada Agricultural University Parbhani And ANR

2017-10-11Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

{1} 911-CA11476 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 11476 OF 2017 IN FA/2486/2010 WITH FA/2146/2010 JAHIDABEE BEGUM BASHIR SAYYED AND ORS.

VERSUS

VICE CHANCELLOR, MARATHWADA AGRICULTURAL UNIVERSITY, PARBHANI AND ANR.

...

Advocate for Applicants : Mr.A.V.Sakolkar & Mr.Nandagavale H.B. Advocate for Respondent No.1 : Mr.M.N. Nawandar AGP for Respondent No.2 : Mr.Y.G.Gujarathi ...

CORAM :

R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE:

11th October, 2017 PER COURT :- 1) By this Civil Application, the applicants seek permission to withdraw the amount of interest accrued on the amount of deposit from the date of deposit till the withdrawal of the amount. 2) It is not in dispute that pursuant to various orders of this Court, the applicants have already withdrawn the principal amount deposited by the acquiring body.

3) The learned counsel for the acquiring body states that he has no objection for withdrawal of the interest amount, if any accrued on the amount deposited by the acquiring body in this Court and if the applicants' furnishes an undertaking to return the said amount with interest. Statement is accepted.

4) The applicants are allowed to withdraw interest amount on such

{2} 911-CA11476 of 2017 deposit, if such deposit was invested by the Office in the Fixed Deposit, from the date of such deposit till the date of withdrawal, upon the applicants' furnishing undertaking to this Court that if the applicants fail in the First Appeal filed by the original appellant, the amount would be returned by the applicant with such rate of interest as Court may direct.

5) The amount shall be allowed to be withdrawn by the learned Registrar (Judicial) within two weeks from the date of applicants' furnishing undertaking.

6) Civil Application is disposed of in the aforesaid terms. No order as to costs.

(SUNIL K. KOTWAL, J) (R.D. DHANUKA, J) spt