Rambhau Daulatrao Khedkar, Prop. Kulswamini Trading Company And Another v. Girdhar Fakirchand Agrawal

1 906 sa 363-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1101/2023 IN SECOND APPEAL NO.363/2019 Rambhau Daulatrao Khedkar and another Vs.

Girdhar Fakirchand Agrawal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. Ranuka Sangram Sirpurkar, Advocate for applicants Shri S.A. Mohta, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

25/08/ The present application is filed for grant of permission to withdraw the remaining 50% of deposited amount along with accrued interest. It appears that Second Appeal came to be disposed of on 09/08/2023. It also appears that judgment was stayed for eight weeks. Time is granted, subject to condition that appellant deposited the balance decreetal amount within one week from passing of the order. The appellants deposited principle amount with this Court out of which 50% amount was earlier permitted to withdraw, remaining amount is lying with this Court. 2.

The learned Counsel for appellants submits that they have already processed the SLP for filing and seeking one week time and request not to allow this application for further one week. In my considered opinion, the amount so deposited is only principle amount and not total decreetal amount. As such, no

2 906 sa 363-2019 prejudice will cause if balance amount is allowed to be withdrawn by respondent/applicant. Accordingly the application is allowed.

3.

Respondent will be allowed to withdraw the balance amount on 04/09/2023, if by that time, the appellant failed to bring any order from the Hon'ble Apex Court, the amount will be withdraw without reference to the Court.

4.

The Nazir is hereby directed to disburse the amount along with accrued interest on 04/09/2023 if there is order no passed by the Hon'ble Apex Court in favour of the appellant is placed on record.

5.

The application stands disposed of.

JUDGE R.S. Sahare