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Bombay High CourtCAW/527/2020ca disposed off

Mamta W/D Kennedy Naidu v. District Deputy Registrar Cooperative Societies Nagpur And Others

2021-06-23Hon'Ble Shri Justice Manish Pitale2 pages

28wp 2668.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAW) No. 527/2020 IN Writ Petition No. 2668/2016 (D) Mamta W/o Kennedy Naidu ..VS..

District Deputy Registrar Co-operative Societies, Nagpur and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri Y.V. Nayyar, Advocate for the petitioner Shri K.L. Dharmadhikari, AGP for respondent no. 1/State Shri P. B. Patil, Advocate for respondent no. 2 CORAM : MANISH PITALE, J.

DATED : 23/06/2021 Hearing was conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper.

2.

This is an application filed by respondent no. 2 - Bank in disposed of Writ Petition No. 2668/2016. By this application, the applicant-Bank is seeking withdrawal of the amount deposited by the petitioner in this Court. In paragraph no. 7 of the application, it is specifically stated that the said amount would be adjusted against the loan amount due from the petitioner.

3.

The petitioner does not dispute the fact that the amount towards repayment of loan taken from SMGate

28wp 2668.2016.odt respondent no. 2 - Bank is still payable on her part. In that view of the matter, the present application is allowed in terms of prayer made therein.

4.

Accordingly, it is directed that the amount lying in this Court deposited by the petitioner shall be disbursed to respondent no. 2 - Bank with interest accrued, if any. The said amount disbursed to respondent no. 2 - Bank, in terms of order passed today, shall be adjusted towards the total amount due to respondent no. 2 - Bank from the petitioner.

5.

The application stands disposed of.

JUDGE SMGate