Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Mahavir Deolal Yadav And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.16/2019 IN FIRST APPEAL NO.593/2018 Maharashtra Industrial Development Corporation, through its Chief Executive Officer, Amravati and others ...Versus...

Mahavir Deolal Yadav and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sharad Thakare, Counsel for appellants Shri B.N. Mohta, Counsel for respondent nos.1 to 5/applicants Shri S.D. Sirpurkar, AGP for respondent no.6 CORAM : ARUN D. UPADHYE, J.

DATE : 23/01/2019 Heard.

This is an application filed the applicants/respondent nos.1 to 5 for withdrawal of amount deposited in this Court by the appellants.

Perused the contents of the application. The learned Counsel for the appellants has submitted that this case is covered by the judgment delivered by this Court on 19/7/2017 in First Appeal No.483/2010 with connected matter and therefore, at the most the applicants/respondent nos.1 to 5 are entitled for withdrawal of 50% of the amount.

The learned Counsel for the applicants/respondent nos.1 to 5 has submitted that the applicant no.1 is having half share and applicant nos.2 to 5 are having half share in the property, being legal representatives of Madanlal and therefore, 25% amount be permitted to be withdrawn by applicant no.1 - Mahavir Deolal Yadav and remaining 25% be permitted to be withdrawn by the applicant no.2 - Smt. Geetabai Madanlal Yadav.

Having heard the learned Counsel for the parties and considering the facts and circumstances of the case, I pass the following order.

O R D E R (i) The civil application is partly allowed.

(ii) The applicant no.1 - Mahavir Deolal Yadav is permitted to withdraw 25% of the amount upon furnishing usual undertaking to the effect that he will refund the amount in case the first appeal is allowed. (iii) The applicant no.2 - Smt. Geetabai Madanlal Yadav is permitted to withdraw 25% of the amount upon furnishing usual undertaking to the effect that she will refund the amount in case the first appeal is allowed. (iv) Remaining 50% amount be kept in fixed deposit, till disposal of the appeal.

The civil application is disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.