Chairman Redhi-Sidhi Majur Sahakari Society Ltd., Mhasawad And Others v. The State Of Maharashtra Through The Collector Nandurbar And ORS

2024:BHC-AUG:5888

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 578 OF 2024 IN FAST/21101/2013 CHAIRMAN REDHI-SIDHI MAJUR SAHAKARI SOCIETY LTD., MHASAWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDURBAR AND ORS ...

Advocate for Applicant : Mr. Savale Amit S AGP for Respondents-State : Mrs. Kavita R. Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

Dated : March 13, 2024 PER COURT :- 1.

The learned Advocate for the applicants submits that though the matter itself was transferred after the enlargement of the jurisdiction from this Court to the Civil Judge, Senior Division, Shahada, Dist. Nandurbar, the amount deposited in this Court in the first appeal as a condition precedent to grant stay to the impugned judgment and decree is still in this Court and the same has not been transferred to the Civil Judge, Senior Division, Shahada.

2.

The learned Advocate for the applicant further submits that after decision of the appeal the execution petition is pending before the Civil Judge, Senior Division, Shahada. In view of the same, he seeks transfer of the amount to the Civil Judge, Senior Division, Shahada. 3.

Prayer Clause 'A' of the application reads as under : - "A) This Hon'ble High Court may be pleased to transfer and remit the amount of Rs.71,46,682/- deposited on

931 CA 578-2024 05/06/2015 under receipt No.008020 in the present first appeal along with the accrued interest to the court of Civil Judge Senior Division, Shahada."

4.

As such, the application is allowed in terms of prayer Clause 'A' as above.

5.

On transfer of amount, the learned Civil Judge, Senior Division, Shahada to pass necessary orders in accordance with law. 6.

The application is disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.