Sarubai Apparao Surase And ORS v. Abdul Razaq Shaikh Jani And ORS

949.ca.13571.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.13571 OF 2018 IN FAST/144/2018 SARUBAI APPARAO SURASE AND ORS

VERSUS

ABDUL RAZAQ SHAIKH JANI AND ORS ...

Advocate for Applicants : Mr. Mayure Pramod C Advocate for Respondent No.3 : Mr. S.G. Chapalgaonkar ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 28th JUNE 2019 ORDER :

1.

Present application has been filed for withdrawal of the amount deposited by respondent No.3 as per the order of this Court. It is stated that the company has deposited amount of Rs.17,33,525/-. Though, it appears that, at the time when the petition was filed, applicant Nos.2 to 4 were minors. Now, they have attended majority. Under such circumstance, as well as to protect the interest of respondent No.3 who has filed the appeal, partial withdrawal of the amount can be made.

2.

Applicant No.1 is allowed to withdraw the amount of Rs.4,00,000/- and Applicant Nos.2 to 6 are allowed to withdraw amount of Rs.1,00,000/- each.

949.ca.13571.2018.doc 3.

They shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the First Appeal.

4.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/