Mohd. Shafi Mohd. Husain Hamdule v. The State Of Maharashtra And Others

CA-11824.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11824 OF 2014 IN WRIT PETITION NO. 8747 OF 2014 Maharashtra Boiler And Tubing Corporation through Proprietor Mohd. Shafi Mohd. Husain Hamdule .. Applicants versus The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 11822 OF 2014 IN WRIT PETITION NO. 8751 OF 2014 Mohd. Shafi Mohd. Husain Hamdule .. Applicants versus The State of Maharashtra and others .. Respondents -------- Mr. Ajay G. Talhar, Advocate for applicants Mr. S. K. Tambe, Asstt. Govt. Pleader for respondents no.1 and 2 Mr. S. S. Deve, Advocate for respondents no. 3 and 4 CORAM : SUNIL P. DESHMUKH, J.

DATE : FEBRUARY 10, 2015

ORDER

1.

These are applications seeking release of property referred to in the applications, from attachment pursuant to recovery certificates issued against present applicants. 2.

Mr. Talhar, learned counsel for applicants, submits that without prejudice to contentions in the litigation between the

CA-11824.14 parties pending before co-operative court, his clients are ready to deposit the amount in order to seek release of properties pursuant to recovery certificates issued, along with interest, if any. 3.

Mr. Deve, learned counsel appearing on behalf of respondents no. 3 and 4 submits that in case the applicants deposit requisite sum with respondents no. 3 and 4, the bank would accede to such request of the applicants.

4.

In the event of applicants depositing requisite amount pursuant to the recovery certificates along with interest accrued with respondents no. 3 and 4 by Friday i.e. on or before 13-2-2015, present civil applications would stand granted in terms of prayer clause (B). In case of failure to deposit the amount, this order shall be deemed to have been recalled.

5.

Civil applications accordingly stand disposed of. SUNIL P. DESHMUKH, J.

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