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Bombay High CourtCAF/3025/2018admittedallwdgrantedrule absolute

Rajendra Ghasiramji Rathi And Another v. Union Of India Through General Manager, Central Railway, Mumbai And Others

2018-10-09Hon'Ble Shri Justice V.M. Deshpande1 pages

caf3025.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.3025/2018 IN FIRST APPEAL NO.540/2018(d) Rajendra Ghansiramji Rathi and anr. .vs. Union of India through General Manager, Central Railway and ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. J. Gilda, Advocate for applicants.

Ms Hanwante, Advocate for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 9, 2018 This application is moved by original non applicant nos.1 and 2 in First Appeal No. 540/2018. Non applicant nos.1 and 2 in the present application filed an appeal before this Court. Appeal filed by appellants/ present non applicant nos.1 and 2 is dismissed by this Court (Coram: Z. A. Haq, J.). On the said date, this Court permitted the appellants therein to deposit entire decreetal amount before this Court. In pursuance to that, present non applicant nos.1 and 2/original appellants have deposited Rs.6,77,971/-. Original claimants/present applicants have filed the application to withdraw the said amount.

Since amount is deposited by non applicants under the decree, applicants will be entitled to withdraw the same. Hence, the present application is allowed. The applicants are permitted to withdraw the amount deposited by the present non applicant nos. 1 and 2 in this Court along with interest accrued thereon.

The application is disposed of.

JUDGE kahale