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Bombay High CourtCA/14716/2015disposed offdismissed for default

Kirloskar Oil Engines Ltd, Pune And Another v. Kirloskar Kamgar Sanghatana, Ahmednagar And Another

2015-11-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14716 OF 2015 IN WRIT PETITION NO. 4818 OF 2015 Kirloskar Oil Engine Ltd., Pune & anr ...Applicants versus Kirloskar Kamgar Sanghatana, Ahmednagar & anr

...Respondents

.....

Mr. Y.R. Marlapalle,, Advocate for petitioner Mr. S.S. Thombre, Advocate for respondent No. 1 Mr. A.V. Deshmukh, A.G.P. for respondent No. 2 .....

CORAM : N.W. SAMBRE, J.

DATE : 26th NOVEMBER, 2015 ORAL ORDER :

Heard.

2.

This is an application moved by petitioners for direction to respondent No. 2 to recover an amount of Rs.49,81,538/- from respondent No. 1 which is disbursed, or alternatively, to direct respondent No. 1 to furnish bank guarantee.

3.

It is not in dispute that the amount is already disbursed to respondent No. 1 by respondent No. 2.

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In view of above, in my opinion, in case the petition is allowed, the Court will be entitled to pass appropriate order against respondent No. 1 for recovery thereof. As such, with the above observations, civil application stands disposed of. [ N.W. SAMBRE, J. ] Tupe/26.11.15