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Bombay High CourtCP/330/2016dispossed offdismiss for default

Paramsukh S/O Motiram Nandagawli v. Gangadhar Nattuji Dongre

2017-07-11Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo2 pages

Order 1107cp330.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 330/2016 IN LETTERS PATENT APPEAL NO. 128/2013 IN WRIT PETITION NO. 1130/2013.

Paramsukh Motiram Nandagawali

VERSUS

Gangadhar Nathuji Dongre Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATE : JULY 11, 2017.

Heard Shri B.J. Lonare, learned Counsel for the petitioner and Shri R. Joshi, learned Counsel for respondent.

2.

We find that after orders dated 20.06.2017, an amount of Rs. 5000/- has also been deposited by the respondent to show their bonafides. Total amount deposited by the respondent is Rs. 8,63,346/-. Thus, with this amount of Rs.5000/-, total amount comes to Rs.8,68,346/-.

3.

After hearing respective counsel we find that there is dispute about correctness of calculation, rate of

Order 1107cp330.16 interest and litigation charges between the parties. 4.

We permit petitioner Shri Paramsukh Motiram Nandgawali to withdraw the amount in deposit with the Registry of this Court with interest accrued upon it. 5.

Rival contentions in relation to other aspects including alleged balance amount are kept open. The same can be resolved in appropriate jurisdiction by the parties. Hence, with said liberty, we dispose of the Contempt Petition. No costs.

JUDGE JUDGE Rgd