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Bombay High CourtCAS/1121/2023ca disposed off

Harshwardhan S/O Bheeshm Arya And Others v. Shri. Sudhir Kumar S/O Harikishan Sood And Another

2023-09-01Hon'Ble Shri Justice Avinash G. Gharote2 pages

2023:BHC-NAG:13085

01. CAS 1121 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.1121/2023 IN SECOND APPEAL NO.197/2017 Harshwardhan s/o Bheeshm Arya and others ...Versus...

Shri Sudhir Kumar s/o Harikrishan Sood and another Applicant : Sudhir Kumar s/o Harikishan Sood - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.S. Deshpande, Advocate for appellants Mr. Madhur Deo, Advocate for respondent no.1/applicant CORAM : AVINASH G. GHAROTE, J.

DATE : 01/09/2023 1.

The civil application seeks speaking to minutes for clarification of the order dated 22/09/2022 in Civil Application No.94/2022 in Second Appeal No.197/2017 on the ground that the amount of Rs.5,18,350/- was placed in a fixed deposit by the First Appellate Court, and therefore, the respondent would be entitled to the interest accrued thereupon. 2.

Mr. A.S. Deshpande, learned counsel for the appellants does not dispute that the amount was deposited in Fixed Deposit Receipt (FDR) by the learned First Appellate Court, considering which, the entitlement of the respondent for the interest on account of the above withdrawal cannot be in question. The order dated 22/09/2022 therefore is clarified by

01. CAS 1121 of 2023.odt indicating that the respondent would be entitled to the interest accrued, if any, on the above amount, till its withdrawal. 3.

The civil application is disposed of accordingly. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar