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Bombay High CourtCA/11829/2015admittedallowedgrantedrule absolute

Ashabi Khajamiya Mirza v. Navyuvak Shikshan Sanstha And Others

2015-09-16Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11829 OF 2015 IN WRIT PETITION NO.2284 OF 2013 ASHABI KHAJAMIYA MIRZA APPLICANT

VERSUS

NAVYUVAK SHIKSHAN SANSTHA RESPONDENT Mr.R.P.Adgaonkar, Advocate for the applicant. Mr.S.G.Sangle, AGP for respondent No.6.

Mr.A.V.Sakolkar h/f Mr.V.G.Sakolkar, Advocate for respondent Nos. 1 to 3.

Mr.S.G. Rudrawar, Advocate for respondent No.5. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 16/09/2015 PER COURT :

1.

The applicant prays for modification in the order dated 31/07/2015 passed by this Court in CA No.7087/2015. 2.

It is submitted that this Court has allowed the applicant to withdraw Rs.57,000/- by submitting a solvent surety and an undertaking. The petitioner has managed to furnish a solvent surety to the extent of Rs.50,000/-. It is, therefore, prayed that paragraph No.4 and 5 of the order dated 31/07/2015 be modified so as to enable the applicant to furnish solvent surety for an amount of khs/Sept. 2015/11829-d

Rs.50,000/- with an undertaking and withdraw Rs.7,000/- only on an undertaking.

3.

Mr.Sakolkar and Mr.Rudrawar, learned Advocates for the nonapplicants have opposed the said request. 4.

Considering the above and for the reasons set out in the civil application, same is allowed in terms of prayer clause "B". Order dated 31/07/2015 shall stand accordingly modified to that extent. ( RAVINDRA V. GHUGE, J.) khs/Sept. 2015/11829-d