The State Of Maharashtra Through Collector, Washim And Another v. Shri Devisingh Lacchu Rathod (Dead) Through Lrs. Narsing Devsing Rathod And Others

29.04.CAF.1947.19

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (f) No. 1947/2019 IN FIRST APPEAL NO. 791/2006 (D) ( The State of Maharashtra and another vs. Devisingh Lacchu Rathod (Dead) Through LRs ) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. M J Khan, Adv. for appellant-State Mr. Mayank Agnihotri, Advocate for LRs of respondents CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 29th April, 2019.

The legal representatives of original respondent have filed an application for return of bank guarantee. It is submitted that vide order dated 25th July 2006 this Court had directed the appellants to deposit the decretal amount with the Registry of this Court. Accordingly, the appellants have deposited an amount of Rs.1,78,56,229 in this Court. This Court permitted vide order dated 25th June, 2009 to the respondent to withdraw the said amount on furnishing bank guarantee. Accordingly bank guarantee was furnished on 14.11.2009 for withdrawal of the decretal amount. On 6.7.2010 the appeal came to be dismissed and the cross objection filed by the respondent has been partly allowed. In the circumstances, the LRs of respondent are entitled for return of the bank guarantee. Hence the order:

ORDER

The bank guarantee submitted by the respondent pursuant to the

29.04.CAF.1947.19 order dated 25th June 2009 be returned to the legal representatives of respondent, by the Registry of this Court.

Civil Application stands disposed of.

JUDGE sahare