Nilam Rajendra Patkar Through Power Of Attorney v. The State Of Maharashtra Through The Deputy Assistant Registrar And Others
2025:BHC-AUG:3398 1 907-CA-10589-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 10589 OF 2024 IN WP/2830/2016 SAU. NILAM RAJENDRA PATKAR THROUGH POWER OF ATTORNEY
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DEPUTY ASSISTANT REGISTRAR AND OTHERS ...
Mr. Anup R. Nikam, Advocate for Applicant Ms. A.S. Mantri, AGP for Respondents/State Mr. A.S. Deshpande, Advocate h/f Mr. A. D. Khot, Advocate for Respondent No.4 Mr. S. N. Gaikwad, Advocate h/f Mr. N. V. Gaware, Advocate for Respondent No.3 ...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 06th FEBRUARY, 2025 PER COURT :
1.
This application is filed by the petitioner seeking issuance of direction to the Registry to allow applicant to withdraw amount of Rs.25,000/- with interest, which was deposited by applicant on 28/04/2016.
2.
It is the contention of applicant / original petitioner that this Court while issuing notice vide order dated 09/03/2016, has directed petitioner to deposit amount of Rs.25,000/- in this Court by the returnable date i.e. 06/04/2016, in order to show his bonafides. Applicant has annexed copy of receipt of deposit of Rs.25,000/- dated 28/04/2016. Learned advocate for applicant submits that writ petition is disposed of as withdrawn on 30/11/2022, however, while withdrawing the same, inadvertently learned advocate for petitioner SVH
2 907-CA-10589-24.odt has failed to seek permission to withdraw the amount which was deposited pursuant to the order passed by this Court on 09/03/2016.
3.
Though the writ petition is disposed of on 30/11/2022, the amount is still lying with this Court. As the writ petition is withdrawn the amount deposited by petitioner needs to be withdrawn with interest, if any.
4.
Considering that the learned advocate for petitioner has failed to seek permission to withdraw the amount deposited by him, at the time of withdrawal of writ petition, the civil application is allowed in terms of prayer clause 'B'. Civil application is accordingly disposed of.
(MANJUSHA DESHPANDE, J.) SVH