The Corporation Of The City Of Nagpur Thr. Its Municipal Commissioner v. M/S S.M. Darbeshwar, Thr. Prop. Sm Darbeshwar

6 CAF-1259-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1259 OF 2023 IN FIRST APPEAL NO.1053 OF 2011 [The Corporation of the City of Nagpur ..V/s.. M/s S. M. Darbeshwar] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. M. Ghare, Advocate for Respondent.

CORAM : URMILA JOSHI-PHALKE , J.

DATE : 4 th MAY, 3 .

.

The application is for remittance of the decreetal amount deposited by the appellant in this Court to the District Court, Nagpur.

2.

The appellant had filed the appeal before this Court challenging the judgment dated 20.04.2011 by the 6th Joint Civil Judge Senior Division, Nagpur. Due to the increase in pecuniary jurisdiction, the appeal was remitted back to the District Court. During pendency, both the parties have settled the dispute amicably. However, the appellant has deposited the amount alongwith accrued interest, which is lying in this Court. In view of the compromise, the amount alongwith accrued interest is to be remitted back to the District Court.

3.

In view of the reasons mentioned in the application, the application is allowed and the Registry is directed to remit back the amount alongwith accrued interest, which is deposited in this Court, to the District and Sessions Court, Nagpur. 4.

The civil application is disposed of.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE JUDGE TAMBE