Gondia Zilla Dugdha Utpadak Sangh Thr Its Md v. Liladhar S/O Hemraj Agrawal,Thr Its Power Of Attorney

0908caw868 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.868/2021 IN WRIT PETITION NO.3386/2008 (D) Gondia Zilla Dugdha Utpadak Sangh ...Versus...

Liladhar s/o Hemraj Agrawal and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Thakre, Advocate h/f Shri D.R. Khapre, Advocate for petitioner Shri A.Z. Mirza, Advocate for respondent no.2/applicant CORAM : AVINASH G. GHAROTE, J.

DATE : 09/08/2021 The application seeks return of the bank guarantee furnished by the respondent no.2, in pursuance to the order dated 02/02/2009, on the ground that the writ petition already stands dismissed on 20/6/2017. It is now more than four years since the petition has been dismissed. Till date, no application for restoration has been filed. Though, Shri Thakre, learned Counsel holding for Shri D.R. Khapre, learned Counsel for the petitioner submits that he will take instructions whether a restoration application should be filed or not, in view of the change in Management, it is too late in the day to stall the release of the bank guarantee, which is being sought four years after dismissal, in

0908caw868 of 2021.odt view of which the civil application is allowed. The bank guarantee furnished by the respondent no.2 be returned to the respondent no.2.

The civil application stands disposed of accordingly.

(AVINASH G. GHAROTE, J.) Wadkar