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Bombay High CourtCAW/100/2017dispossed offdismiss for default

Abhijit Ashoka Infrastructure Pvt. Ltd. Thr. Its Director v. The Joint District Registrar And The Collector Stamps And Anor.

2017-01-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

Order 190117caw100.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.W.NO. 100/2017 IN W.P.NO. 2365/2006.

M/s. (Abhijeet) Jayaswal Ashoka Infrastructure Pvt. Ltd. -VERSUSThe Joint District Registrar (Class-I), and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : JANUARY 19, 2017.

Heard Shri D.V. Chauhan, learned Counsel for the applicant/petitioner and Shri N.Rao, learned A.G.P. for respondents.

2.

By present application the applicant /petitioner has prayed for withdrawal of old expired Bank Guarantees, details of which are given in paragraph no.3 of the present application.

3.

Pursis St. No. 166/2017 along with Bank Guarantee is filed by the petitioner in compliance with the order dated 07.12.2007.

4.

Learned A.G.P. appearing for the respondents has no objection in respect of the prayers

Order 190117caw100.17 made. He submits that the same be subject to verification and satisfaction by the Registrar of this Court.

5.

In view of the aforesaid, we pass the following order :

(i) Applicant/petitioner is permitted to withdraw the old expired Bank Guarantee(s), details of which are mentioned in paragraph no.3 of the application. However, this shall be after and subject to verification and satisfaction of the renewed bank guarantee filed by the petitioner /applicant along with Pursis st. no.166/2017, by the Registrar (Judicial) of this Court.

(ii) On being satisfied, Registry is directed to hand over the original old expired Bank Guarantee(s), to the applicant/petitioner.

6.

In view of above, Civil Application is disposed of. No costs.

JUDGE JUDGE Rgd.