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Bombay High CourtCA/12534/2016disposed offdismissed for default

Khandesh Extraction Ltd Jalgaon v. Khandesh Rashtriya Extraction Kamgar Union(Intuc)

2016-09-16Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12534 OF 2016 IN (Khandesh Extraction Limited Vs.Khandesh Rashtriya Extraction Kamgar Union) WRIT PETITION NO.1576 OF 2005 Mr.S.S.Gangakhedkar h/f Mr.S.B.Pawar, Advocate for the applicant. Mr.M.S.Deshmukh, Advocate for the respondent. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 16/09/2016 PER COURT :

1.

Learned Advocate for the applicant as well as the respondent Union jointly submit that this Court, by its order dated 22/03/2013 passed in WP No.1576/2015 in between the same parties, had recorded the compromise terms and the writ petition was disposed of accordingly. Copy of the order dated 22/03/2013 is at page No.14 Annexure X-2 alongwith the application.

2.

By this application, the applicant/original petitioner prays for withdrawal of Rs.7,50,000/- deposited by the petitioner in this Court pursuant to the order dated 09/03/2006 passed by this Court, alongwith accrued interest.

3.

Learned Advocate for the sole respondent submits on instructions that considering the disposal of the writ petition on compromise terms, non applicant has no objection. 4.

Mr.Gangakhedkar, learned Advocate for the applicant khs/SEPT.2016/12534-d

graciously submits that an amount of Rs.10,000/- will be donated to the Advocate's Association of the Bombay High Court, Bench at Aurangabad.

5.

In the light of the above, Registry shall transmit an amount of Rs.10,000/- to the Advocate's Association of the Bombay High Court, Bench at Aurangabad and the applicant shall be at liberty to withdraw the rest of the amount which is inclusive of accrued interest by placing on record tangible evidence regarding the identity of the person withdrawing the amount alongwith proper authorization of the Managing Director of the applicant/company and with the address proof of the applicant. After these 3 documents are deposited alongwith the application for withdrawal, the concerned authorized person shall withdraw the said amount under the signature of the learned Advocate for identifying the applicant. 6.

Application is allowed in the above terms.

( RAVINDRA V. GHUGE, J.) khs/SEPT.2016/12534-d