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Bombay High CourtCAF/3425/2016admittedallwdgrantedrule absolute

Maharashtra Indutrial Development Corporation, Mumbai Through Its Chief Executive Officer v. Sagunabai Ukanda Masram (Dead-Thr. Lrs.) Sanjay Mahadeorao Masram

2016-12-08Hon'Ble Shri Justice Sunil B. Shukre1 pages

fa.7.11 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3425 of 2016 in First Appeal No.7 of 2011 (Maharashtra Industrial Development Corporation vs.

Sagunabai wd/o Ukanda Masram, through L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.D. Bhuibhar, Advocate for the Applicant/Respondent No.1. Shri M.M. Agnihotri, Advocate for the Appellant. Shri N.R. Rode, A.G.P. for Respondent Nos.2 & 3.

CORAM

: S.B. SHUKRE, J.

DATE : 8 th DECEMBER, 2016.

Heard.

For the reasons stated in the application, the application is allowed conditionally.

The claimant is permitted to withdraw an amount of Rs.10.00 lakhs from out of the amount deposited in this Court subject to the condition that for securing the amount of Rs.5.00 lakhs being withdrawn, there shall be furnished usual undertaking and for the remaining amount of Rs.5.00 lakhs being withdrawn, there shall be furnished to the satisfaction of the learned Registrar (Judicial) a solvent surety. Undertaking and surety to be furnished within four weeks from the date of the order. The learned Registrar is at liberty to consider the solvency already submitted to the Registry by the claimant for the purpose of complying with this order. The application is disposed of accordingly.

*sdw JUDGE