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Bombay High CourtCA/13748/2024admittedallowedgrantedrule absolute

Rehan S/O Salim Shaikh v. Dayanand Salbaya Swami And ANR

2024-12-19Hon'Ble Shri Justice Kishore C. Sant2 pages

Ethape ( 1 ) 905-CA-13748-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 13748 OF 2024 IN FA/2113/2023 Rehan S/o Salim Shaikh

VERSUS

Dayanand Salbaya Swami And Anr.

...

Mr.Ajay Shinde, Advocate for Applicant.

Mr. S. S. Rathi for Advocate Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 19th DECEMBER 2024 PC :- 1.

Heard the learned Advocate for the parties.

2.

The applicant has filed this application for withdrawal of the amount. This Court has already passed an order dated 27th April 2023 allowing the other claimants to withdraw the amount. That time the present applicant was minor and to his extent no order was passed. Since he has now become a major. Hence, the following order:-

ORDER

(i) Application stands allowed.

Ethape ( 2 ) 905-CA-13748-2024 (ii) The applicant is permitted to withdraw 60% of the amount of his share as determined by the learned Tribunal alongwith accrued interest till date on furnishing usual undertaking.

(iii) The remaining amount be kept in fixed deposit in any nationalized bank pending the appeal.

(iv) Application stands disposed off.

[KISHORE C. SANT, J.]