Subhash Punjaram Karde v. The Executive Engineer, Maharashtra State Electricity Districution Co. Ltd. And Another

{1} ca9899-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9899 OF 2015 IN SECOND APPEAL NO.248 OF 2015 Subhash Punjaram Karde APPLICANTS

VERSUS

Executive Engineer, MSEDCL and Another RESPONDENTS .......

Mr. S.S.Bora h/f Mr. R. V. Gore, Advocate for the applicant Mr. Avishkar S. Shelke, Advocate for respondents .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 3 rd APRIL, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

Looking at that the decree impugned in the second appeal is in the nature of a money decree and that the proceedings had been pending since 2005 and the entire claim of the plaintiff at appellate stage has been granted, while the trial court had granted Rs.25,000/- along with interest, it would be expedient that the applicant is allowed to withdraw 50% of the accumulated amount deposited with interest accrued thereon. 3.

As such, the applicant is allowed to withdraw 50% of

{2} ca9899-15 accumulated amount deposited by the respondents - appellants with interest accrued thereon. Half of aforesaid fifty percent amount shall be allowed to be withdrawn on the condition of furnishing solvent security to the satisfaction of the Registrar (Judicial).

3.

Civil application, as such, stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca9899-15