Chief General Manager, Western Cold Field Ltd. Nagpur And ANR v. Shri. Murlidhar Jaikrishna Pure

11caf1603.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1603 OF 2019 IN FIRST APPEAL NO. 379 OF 2013 Chief General Manager, Western Coal Fields Ltd., Nagpur Area, Jaripatka, Nagpur and another.

V/s Shri Murlidhar Jaikrishna Pure, Tah. Saoner, Dist. Nagpur. --------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------------- Shri C.S. Samudra, counsel for the applicants/appellants Shri Raju Kadu, counsel h/f Shri Raju Dhoble, counsel for the respondent. CORAM: ARUN D. UPADHYE , J.

DATE: 08-04-2019.

Heard learned counsel for the parties.

Perused the application. The respondent has prayed for withdrawal of the amount with accrued interest deposited by the appellant. The learned counsel for the appellant has submitted that on undertaking the amount may be permitted to be withdrawn by the respondent.

In view of the statement made on behalf of the appellant, the respondent be permitted to withdraw the amount of Rs. 1,51,784/- deposited by the appellant with accrued interest on furnishing usual undertaking to the effect that, he will refund the amount to the appellant, in case appeal is allowed.

Civil application is allowed.

JUDGE rkn