Bombay High CourtCAO/333/2020ca disposed off

Shri Dattatreya S/O. Ramchandra Deo (Dead) Through Lrs. Smt. Jayashree W/O Dattatray Deo And Anothe v. M/S. Shri Maharudra Realtors And Developers Ltd., Thr. Shri Ganesh Ramkrishna Bhingare

2020-02-25Hon'Ble Shri Justice Avinash G. Gharote2 pages

904 MCA 698-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 333 OF 2020 IN MISC. CIVIL APPLICATION NO. 698 OF 2016(D) Shri Dattatreya Deo (Deceased) through his L.Rs. Smt. Jayashree W/o Dattatray Deo and another ...Versus...

Maharudra Realtors and Developers, Nagpur through Managing Partners and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - Ms. Vidya Umale, Counsel for applicant.

Shri S.G. Joshi, Counsel for respondent.

CORAM : AVINASH G. GHAROTE, J.

DATE : 25/02/2020 The present M.C.A., was allowed and disposed of in terms of the order dated 29/09/2016, as passed by this Court, whereby the applicant and the non-applicant were directed to deposit Rs. 1,00,000/- each, towards security for the fees of the learned arbitrator which amount was directed to be kept with the registry of this Court, till the arbitration proceedings were terminated.

The Counsel for the parties submit, that as the arbitration proceeding stood terminated, an order was passed by this Court on 25/10/2018, permitting the

904 MCA 698-2016.odt applicant as well as the non-applicant, to withdraw the amount of Rs. 1,00,000/-, each as deposited by them. Civil Application No.333/2020, has been filed by the legal heirs of the applicant Shri Dattatray Deo, who has been reported to have passed away on 09/01/2019, leaving behind him the applicants as his only legal heirs. The application is allowed, subject to verification and satisfaction by the Registrar (Judicial), regarding the applicants being the legal heirs of late Shri Dattatray Deo. Civil application is accordingly disposed off. JUDGE J.Pethe