M.I.D.C., Mumbai Thr C.E.O. Amravati v. Smt. Asha Balkrishna Vispute And ANR.

1 41 caf 2112-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2112/2022 IN FIRST APPEAL NO.1021/2010 (D) The Maharashtra Industrial Development Corporation Vs.

Smt. Asha wd/o Balkrushna Vispute and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.L. Sagdeo, Advocate h/f Shri M.M. Agnihotri, Advocate for appellant R.M. Tiwari, Advocate h/f Shri C.A. Joshi, Advocate for respondent no.1 Shri A.M. Kadukar, AGP for respondent no.2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

13/10/ The present application is filed for modification of order dated 23/08/2022. It is submitted by the learned Counsel for applicant that permission was granted to withdraw the remaining amount as it was only for Rs.1,40,000/- was already withdrawn. However, after verifying the report, it was found that though permission was granted vide order dated 22/10/2010 to withdraw the amount of Rs.1,40,000/- no amount was withdrawn. The amount was lying with the Court. As such, he seeks permission to withdraw the total amount deposited to Rs.2,84,507/-.

2.

I have gone through the farad sheet, there is no reference of withdrawal of amount of Rs.1,40,000/- by the respondent. As such application is allowed.

2 41 caf 2112-2022 3.

The applicant/respondent no.1 is permitted to withdraw Rs.2,84,507/- along with accrued interest. 4.

The Registry to disburse the total amount of Rs.2,84,507/- along with accrued interest in the account of respondent no.1 after verifying that amount of Rs.1,40,000/- is not withdrawn by the applicant earlier.

5.

The amount be disbursed within one week.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE