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Bombay High CourtCA/12233/2018disposed offdismissed for default

Rukhaminibai Gopalrao Thatte (Died) Thr Lrs Vijaya And ORS v. Marathawada Krishi Vidyapeeth Parbhani Thr Its Registrar And ANR

2018-10-03Hon'Ble Shri Justice P.R. Bora2 pages

12233.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

944. CIVIL APPLICATION NO.12233 OF 2018 IN FIRST APPEAL NO.1126 OF 2018 WITH CIVIL APPLICATION NO.14383 OF 2017 IN FIRST APPEAL NO.1126/2018 ...

RUKHAMINIBAI GOPALRAO THATTE (DIED) THR LRS VIJAYA AND OTHERS

VERSUS

MARATHAWADA KRISHI VIDYAPEETH PARBHANI THR ITS REGISTRAR AND ANR.

...

Shri. D.V.Soman, Advocate for the applicants. Shri A.M.Phule, AGP for the respondent - State.

...

CORAM : P.R.BORA,J.

DATE : 03.10.2018 ORDER:

1.

Heard Shri D.V.Soman, learned counsel appearing for the applicants. The learned counsel submitted that this Court, vide order passed on 29th August, 2018, has permitted the applicants to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar of this Court and balance 50% amount is directed to be invested in Fixed Deposit Receipt. The learned counsel

12233.18CA.odt submitted that all the applicants in the present case are of the age about 80 years.

It is not possible for all these applicants to come to the Aurangabad for furnishing undertaking before the Registrar. In the circumstances, the request is made to allow the present applicants to submit their undertakings through the Power of Attorney Holder.

2.

I do not see any reason for not accepting the request so made. Ultimately, the amount will be deposited directly in the accounts of the applicants. The Application, therefore, deserves to be allowed and is accordingly allowed in terms of prayer clauses "B" and "C".

3.

Civil Application No.12333 of 2018 stands disposed of.

[P.R.BORA] JUDGE DDC