Zygo Flowers Ltd v. M/S Jain Irrigation System Ltd

ca16132.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16132 OF 2015 IN WRIT PETITION NO.2073 OF 2007 Zygo Flowers Ltd.

..APPLICANT

VERSUS

M/s Jain Irrigation System Ltd.

..RESPONDENT Mr P.B. Gamot, Advocate for applicant;

Mr K.C. Sant, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 15th December, 2015 ORAL ORDER :

Writ Petition No.2073 of 2007 came to be disposed of by an order dated 20th November, 2007, in which this Court has made following observations in paragraph no.8 :- "Since the petitioner has already deposited an amount of Rs.10 lakhs in this Court on 21-5-2007, the said amount to be transferred to the Court of 5th Ad hoc Additional District Judge, Jalgaon who is to hear the said Misc. Civil Application No.49 of 2005 and would lie in deposit pending the decision on the said Misc. Civil Application No.49 of 2005. The learned 5th Ad hoc Additional District Judge, Jalgaon to decide the said Misc. Civil Application No.49 of 2005 within a period of four months from date. The learned 5 th Ad hoc Additional District Judge to consider depositing the said amount in a fixed deposit of a nationalized bank for a period he deems appropriate pending the decision of the said Misc. Civil Application No.49 of 2005."

ca16132.15 (2) 2.

Pursuant to the above observations, learned Counsel appearing on behalf of the applicant submits that the Registry ought to have transferred the said amount by this time, however, no steps are taken by the Registry to comply with the same.

3.

The above referred position is not disputed by the learned Counsel for the respondent.

4.

In view of observations made in paragraph 8 (quoted supra), the Registry is directed to forthwith comply with the same. 5.

Civil Application stands disposed of in above terms. (N.W. SAMBRE, J.) amj