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Bombay High CourtCAN/34/2020ca disposed off

Nirmal Urban Co-Operative Bank Ltd., Nagpur Thr. General Manager, Nagpur v. Smt. Mamta Wd/O Keneddy Naidu

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

28A CAN 34.2020..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAN) No. 34/2020 IN Contempt Petition (CP) No. 259/2017 (D) IN Writ Petition No. 5344/2016 (D) Nirmal Urban Co-operative Bank Ltd.

..VS..

Smt. Mamata Wd/o Keneddy Naidu ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri P.B. Patil, Advocate for the petitioner/applicant Shri Y.V. Nayyar, Advocate for the respondent 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 the applicant - Bank in disposed of Writ Petition No. 5344/2016. By this application, the applicant-Bank is seeking withdrawal of the amount deposited by the respondent in this Court. In paragraph no. 5 of the application, it is specifically stated that the said amount would be adjusted against the loan amount due to the respondent.

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28A CAN 34.2020..odt 3.

The respondent does not dispute the fact that the amount towards repayment of loan taken from the applicant - 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 respondent shall be disbursed to the applicant - Bank with interest accrued, if any. The said amount disbursed to the applicant - Bank, in terms of order passed today, shall be adjusted towards the total amount due to the applicant - Bank from the respondent.

5.

The application stands disposed of.

JUDGE SMGate