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Bombay High CourtCAF/613/2022allowed

M.I.D.C. Thr. Its Regional Officer, Yavatmal v. Bhaskar S/O Narayanrao Makde And 2 ORS

2023-06-07Hon'Ble Smt. Justice M. S. Jawalkar2 pages

4 fa 343-2011.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 613/2022 IN FIRST APPEAL NO. 343/2011 M.I.D.C. through its Regional Officer Vs.

Bhaskar S/o Narayanrao Makde and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Najeeb Sheikh, Advocate h/f ShriM.M. Agnihotri, Advocate for appellant Shri A.B. Nakshane, Advocate for respondent Nos. 1A-1B Ms T.H. Udeshi, Advocate for respondentr Nos. 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 07/06/2023 Present application is filed by legal representatives of deceased respondent. It appears that this Court vide order dated 08/10/2014, permitted respondent No.1 to withdraw monthly/quarterly interest of his 1/5th share amount i.e. 17,06,192/-, which was directed to be invested in any Nationalize Bank.

2.

By this application, it is pointed out that respondent No.1 was expired on 15/09/2018, his legal heirs are already brought on record i.e. 1A to 1D. However, the Registry is continuing to deposit interest in the account of Jayashree..

4 fa 343-2011.odt deceased respondent No.1. Therefore, present application is filed for direction to the Registry to stop depositing of payment of interest in the account of deceased respondent No.1. There is no objection to this application by appellant. Accordingly, application is allowed.

3.

The Registry is directed to stop depositing monthly/ quarterly interest in the account of respondent No.1 and give necessary instruction to the concerned bank, if required.

4.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..