← Library
Bombay High CourtCAW/2120/2017disposedoff

Shri. Abdul Munaf Baba Patel And Others v. Idbi Bank Limited, Thr. Its Assistant General Manager, Rajeshwar Dagadu Kasar,

2020-01-24Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Vinay Joshi1 pages

1 901ca2120.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO. 2120 OF 2017 IN WRIT PETITION NO. 3780 OF 2015(D) Shri Abdul Munaf Baba Patel and ors.

..vs..

IDBI Bank Limited, thr. it's Assistant General Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None present.

CORAM : A.S. CHANDURKAR AND VINAY JOSHI, JJ. DATED : 24 th JANUARY, 2020.

None for the parties. We have perused the application as well as the earlier orders passed. Since, the applicant had deposited an amount of Rs.6 lakhs in terms of the order dated 07.07.2015 and the Writ Petition has been subsequently dismissed for want of prosecution, we do not find any reason to refuse the prayer made in the application. It is also seen that the property in question has been purchased by the auction purchasers and the bank has received the entire consideration.

Hence, the applicant is permitted to withdraw the amount of Rs.6 lakhs with accrued interest.

Civil Application is disposed of.

(VINAY JOSHI, J.) (A.S. CHANDURKAR, J.) Trupti