Madhusudan Shankarlal Zunjunwala v. The State Of Maharashtra And ANR

CA 10278/19 in FA 729/06 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.10278 OF 2019 IN FA/729/2006 MADHUSUDAN SHANKARLAL ZUNJUNWALA

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Shri Adkine Sonaji K. AGP for Respondent no.1: Shri S.N. Morampalle CORAM: V.L. ACHLIYA, J.

DATE: 30.08.2019 PER COURT :

1] Learned counsel for the applicant restricts the prayer made in the application to the extent of prayer clause [B]. The relief claimed in prayer clause [C] is not pressed. Hence, the application is disposed of as not pressed to the extent of prayer clause [C]. 2] Learned counsel for the applicant submits that the appeal was decided in Lok Adalat held on 8.4.2017. In view of disposal of appeal in terms of settlement, the learned counsel submits that the applicant is entitled to withdraw the amount lying deposited in the Court. He seeks permission to withdraw the amount of Rs.1,25,434/-,

CA 10278/19 in FA 729/06 - 2 - which according to applicant, is lying deposited in this Court.

3] Learned AGP submits that in view of disposal of appeal before Lok Adalat, appropriate order may be passed.

4] Considering the facts stated in the application supported by affidavit, the application is allowed in terms of prayer clause [B]. In case the amount is lying deposited in this Court, the same be paid to the applicant / appellant by transferring the amount in his savings bank account on furnishing particulars of account by the applicant / appellant.

5] The application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c3081950.doc