Sub-Area Manager, Western Coalfields Ltd., Silewara Sub-Area And Others v. Sadashiv S/O Sattidin Gupta
wp6128.17.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO.6128 OF 2017 (Sub-Area Manager, Western Coalfields Ltd., Nagpur and others Vs. Sadashiv s/o Sattidin Gupta) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Mr. O. A. Ghare, Advocate for Petitioners.
Respondent in-person.
CORAM: ANIL S KILOR , J.
DATE: 8 th SEPTEMBER, .
C IVIL APPLICATION (W) NO.2617/2023 :
This application is for withdrawal of amount deposited by the petitioner. The respondent is pressing for withdrawal of this amount for his medical treatment. He has filed the necessary documents on record in support of his submission.
2.
Mr. Ghare, the learned counsel for the petitioner opposes such request on the ground that if the respondent fails in the present matter it may be difficult for the petitioner to recover the amount.
3.
Whereupon the respondent in-person filed an affidavit pointing out his immovable property owned by him.
4.
In that view of the matter, considering the
wp6128.17.O.odt medical emergency, I am of the opinion that the respondent may be permitted to withdraw the amount subject to furnishing solvent surety of equal amount and an undertaking that if he fails in the present matter he would repay that amount within four weeks. Accordingly, the application is disposed of.
5.
The affidavit is taken on record and marked as "Article X" for the purpose of identification. 6.
The amount of Rs.10,00,000/- (Rupees Ten Lakh) is permitted to be withdrawn by the respondent along with the interest, if any, accrued thereon.
(ANIL S. KILOR, J.) NSN