The Shah Babu Edun. Socity., Thr. Its C.E.O. Akola And ANR v. Anis Khan Yunus Khan And 2 ORS

935-lpa-92-09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAZ) NO. 1 OF 2025 IN LETTER PATENTS APPEAL NO. 92 OF 2009 The Shah Babu Education Society through its C.E.O. Akola and another

Versus

Anis Khan Yunus Khan and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Viren Joshi, Advocate h/f Shri V.V.Bhangde, Advocate for the petitioners.

Ms. D.V.Sapkal, AGP for the respondent/State. Shri P.R.Patel, Advocate for the respondent no1. CORAM : SMT. M.S.JAWALKAR & PRAVIN S. PATIL, JJ.

DATED : 11th JULY, 2025.

The present application is filed by the respondent no.1 for withdrawal of the amount along with accrued interest to the share of applicant in LPA No. 92 of 2009 decided on 31st August, 2017. 2.

It is seen from the record that the applicant has withdrawn the 50% of the amount deposited by the respondents in terms of the order dated 3rd August, 2009 and remaining amount is lying to the SKNair

935-lpa-92-09.odt office of this Court. The 50% of the amount is of Rs.71,951/-. The present Latter Patent Appeal is already decided on 31st August, 2017. There is no order passed by this Court to withhold the amount in the matter, therefore, there is no impediment to permit the respondent no.1 to withdraw the said amount. Accordingly, the application is allowed. 3.

Respondent no.1 is permitted to withdraw the said amount along with accrued interest as per the judgment and order dated 31st August, 2017 delivered in LPA No. 92 of 2009. 4.

Nazir is hereby directed to calculate the amount and release the amount in favour of the respondent no.1 after verification of the bank details.

5.

Accordingly, the application is disposed of.

[PRAVIN S. PATIL, J.] [SMT. M.S.JAWALKAR, J.] SKNair