United India Insurance Co. Ltd. Thr. Reg. Manager v. Sant Shree Gajanan Maharaj Sansthan Thr. Ss Patil Managing Trustee

CAF1135.21.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (F) NO. 1135 OF 2021 IN FIRST APPEAL NO.955/2010(D) United India Insurance Co.Ltd. Khamgaon Branch Vs.

Sant Shri Gajanan Maharaj Sansthan, Shegaon, Branch Pandharpur, through Mng.Trustee, Shegaon.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri A.R.Patil, Advocate for applicant/respondent. CORAM :- A.S.CHANDURKAR AND G.A.SANAP, JJ.

DATED :- AUGUST 25, 2021.

By this application it is prayed that the Bank Guarantee furnished by the applicant pursuant to the order dated 10.07.2013 be released in view of the fact that First Appeal No.955/2010 has been dismissed by judgment dated 29.01.2021.

Perused the application and the documents filed along with. In view of the fact that the decree passed by the trial Court was maintained by this Court, the applicant is entitled for decreetal amount in terms of that decree. Since the Bank Guarantee was furnished by the applicant only to safeguard the interests of the nonapplicant who had deposited an amount of Rs.Twenty lakhs, the prayer made in the application can be granted. Accordingly the Bank Guarantee furnished by the applicant is permitted to be released. The civil application is allowed and disposed of. JUDGE JUDGE Andurkar..