United Commercial Bank, Kolkata And Another v. Bharatbhai S/O Late Ranchhodas Shrimankar (Shab) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAW] No.967 of 2018 IN Writ Petition No.586 of 2017 [United Commercial Bank (UCO Bank) Vs. Bharatbhai Ranchhoddas Shrimankar & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A. Shelat, Adv., for applicants - respondent nos.1, 3 to 6. Mr. C. N. Deshpande, Adv., for the petitioners. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

02nd May, 2018 The respondents seek permission to withdraw the amount of Rs.22,95,125-00 [rupees twenty-two lakhs ninety-five thousand one hundred twenty-five only] that has been deposited by the petitioners pursuant to the order dated 3rd February, 2017. In para 4 of the Civil Application, the family arrangement between the parties has been referred to indicating the entitlement of the respective respondents.

The prayer is opposed by the learned counsel for the petitioners on the ground that the decree has not attained finality and that the family arrangement is not on record.

The respondents are permitted to withdraw the amount deposited by the petitioners in terms of para 4 of the Civil Application. The arrangement referred to in para 4 of the Civil Application would bind the said respondents and the petitioners would not be prejudiced by that arrangement.

Civil Application is allowed.

Judge |hedau|