Bombay High CourtCAF/2504/2014dispossed offdismiss for default

Divisional Manager, Mah. State Road Transport Cor. Hinganghat Through Divisional Office v. Smt. Shubhangi Wd/O Vasantrao Dontulwar Through Poa Mr. Swapnil Vasantrao Dontulwar

2015-01-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa204.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.204 OF 2014 (Divisional Manager, Maharashtra State Road Transport Corporation, Nagpur ..vs.. Smt. Shubhangi wd/o Vasantrao Dontulwar, through her Power of Attorney Mr. Swapnil Vasantrao Dontulwar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 12-1-2015 Heard Shri V.H. Kedar, the learned Advocate for the appellant and Shri Atul Pande, the learned Advocate for the respondent.

Admit.

Shri Atul Pande, the learned Advocate, waives service of notice on behalf of the respondent. CIVIL APPLICATION (CAF) NOS.2504 OF 2014 & 2350 OF 2013.

This Court by the order dated 25-2-2014 passed on Civil Application (CAO) No.272 of 2014 has permitted the respondent to withdraw the amount of Rs.10,04,756/- on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. As per the Award, an amount of Rs.10,00,000/- was required to be invested in fixed deposit in a Nationalised Bank for the period of seven years. However, after hearing both the parties, this Court has permitted the respondent to withdraw the above referred amount.

2 fa204.14 In view of the above, I am not inclined to grant the prayer made in the application for withdrawal of the balance amount. The balance amount of Rs.5,72,517/- deposited by the appellant with the Registry of this Court be invested in fixed deposit in a Nationalised Bank initially for a period of three years, to be renewed every year till the decision of the appeal. The impugned Award shall not be executed till the decision of the appeal. The civil applications are disposed in the above terms.

JUDGE pma