Bombay High CourtCA/15022/2016disposed offdismissed for default

Bapu Vitthal Hole v. Indira Gandhi Nagari Patsanstha Limited Shrigonda Through Its Chairman And Another

2016-11-25Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 909.ca.15022.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15022 OF 2016 IN WRIT PETITION NO.6001 OF 2014 BAPU VITTHAL HOLE

VERSUS

INDIRA GANDHI NAGARI PATSANSTHA LIMITED THROUGH ITS CHAIRMAN AND ANOTHER ...

Advocate for Applicant : Shri V.P.Golewar h/f Shri Joshi Arvind Ramakant. Advocate for Respondents : Shri P.V.Barde a/w Shri M.K.Bhosale. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 25th November, 2016 Per Court:

By this application, the Applicant/ original Respondent in the Writ Petition prays for withdrawal of Rs.4 lac that have been deposited in this Court.

It is stated in the application along with the accompanying documents as to the financial burden which the Applicant is required to shoulder considering a marriage ceremony in the family as well as for the payment of fees of his daughter who is taking education in the Homeopathy Medical College.

*2* 909.ca.15022.16 Shri Golewar, learned Advocate for the Applicant, submits that the original Petitioner has to pay another Rs.6 lac to the Applicant. Shri Barde, learned Advocate for the original Petitioner, submits that the said amount of Rs.6 lac would be deposited shortly in this Court.

Considering the above and that an amount of Rs.6 lac would be deposited in this Court, this Civil Application is allowed in terms of prayer clause (B).

The Applicant shall make an application for withdrawal of Rs.4 lac already deposited, shall be identified by the learned Advocate for the Applicant and the said application shall be accompanied by the affidavit-cum-undertaking that in the event the Applicant does not succeed in these proceedings and if any amounts are to be returned to the original Petitioner, the same would be deposited in this Court within eight weeks from the date of such order. A copy of the Income Tax PAN card along with a copy of the Election Voter Identity Card and/or Adhaar Card shall be annexed to the application for withdrawal. kps (RAVINDRA V. GHUGE, J.)