Bombay High CourtCAF/1267/2020ca disposed off

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Deorao Ramkrushna Tirathkar Since Dead Through Lrs Ramesh Deorao Tirathkar, And Others

2020-12-07Hon'Ble Shri Justice S.M. Modak2 pages

5 CAF 1267-2020 IN FA 74-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1267 OF 2020 IN FIRST APPEAL NO.74 OF 2015 Maharashtra Industrial Development Corporation, Amravati, through its Chief Executive Officer ...Versus...

Deorao Ramkrushna Tirathkar Since dead through his L.Rs Ramesh Deorao Tirathkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri Sharad Thakre, Advocate, h/f Shri M.M. Agnihotri, Advocate for applicant Shri R.J. Shinde, Advocate for non-applicant No.1-A to 1-D Shri A.S. Fulzele, AGP for non-applicant Nos.5 &6 CORAM : S.M. MODAK, J.

DATE : 07/12/2020 { This Court has already permitted the nonapplicants to withdraw 50% of the decretal amount of Rs. 60,87,291/- deposited in the Court. However, when the question of compliance had arisen, non-applicants came to know that the amount is deposited before the Reference Court. Though, there is no prayer in the application, it was orally prayed. Hence the direction.

The Court of Civil Judge Senior Division, Amravati is directed to permit the non-applicant Nos. 1. Ramesh Deorao Tirathkar, 2. Prakash Deorao Tirathkar, 3. Suresh Deorao Tirathkar and 4. Mangala Deorao Tirathkar to withdraw 50% of 60,87,291/-, after compliance of the procedure.

5 CAF 1267-2020 IN FA 74-2015.odt The non-applicants are directed to file an undertaking to return the amount, if the appeal will go against them before the Reference Court.

The Reference Court is directed to transfer the amount as said above in equal proportion by transferring them to their bank account.

Stand over in third week of January 2021.

JUDGE J.Pethe