S. K. Trading Company Through Its Partner v. Dhule Municipal Corporation, Through Its Commissioner And ANR

2025:BHC-AUG:11400-DB 1 934.CA.9274-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9274 OF 2024 IN FA/637/2006 S. K. TRADING COMPANY THROUGH ITS PARTNER

VERSUS

DHULE MUNICIPAL CORPORATION, THROUGH ITS COMMISSIONER AND ANR ...

Advocate for Applicant : Mr. Bolkar Yogesh B. Advocate for Respondent No.1/Corporation : Mr. Ujjwal Patil h/f Mr. Nilesh Desale ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17th APRIL 2025 PER COURT :

.

This application is for permission to disburse balance amount with accrued interest which remained to be transmitted when the First Appeal No.637/2006 was transferred to jurisdictional Court. Respondent No.1/Corporation had filed First Appeal in which amount of Rs.8,00,000/- was deposited. The Applicant was permitted to withdraw the same on furnishing bank guarantee. The amount was withdrawn. Thereafter due to enhancement of the jurisdiction, First Appeal was transferred to the District Court, Dhule. However, balance amount in the form of accrued interest remained to be transmitted. The same is claimed by the Applicant. 2.

It is contended that appeal transferred to the District Court,

2 934.CA.9274-2024.doc Dhule was disposed of. Learned Counsel Mr. Patil holding for Mr.Desale appearing for Respondent No.1/Corporation does not dispute the above facts. Applicant is entitled to receive the amount with accrued interest.

3.

In that view of the matter, Civil Application is allowed by permitting the Applicant to receive the amount of Rs.52,798/- with accrued interest.

SHAILESH P. BRAHME JUDGE NAJEEB..