Bombay High CourtCAF/3417/2014admittedallwdgrantedrule absolute

The Chandrapur District Central Cooperative Bank Ltd., Chandrapur v. Bharat Petroleum Corportion Ltd., Mumbai And Others

2015-02-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3417.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.3417 OF 2014 IN FIRST APPEAL NO.627 OF 2005 (The Chandrapur District Central Cooperative Bank Ltd. .vs. Bharat Petroleum Corporation Ltd. and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 18-02-2015 Heard Shri S.W. Sambre, the learned Advocate for the respondent No.1, Shri S.P. Bhandarkar, the learned Advocate for the appellant, Shri H.S. Chitaley, the learned Advocate for the respondent No.2 and Shri Piyush Shukla, the learned Advocate for the respondent No.3.

Shri S.P. Bhandarkar, the learned Advocate for the appellant has pointed out the order passed by this Court on 14-06-2006 and has submitted that the respondent No.1 having committed breach of the order, is not entitled to deposit the amount and further action as per the order is required to be taken. However, the fact that since June 2006 till today there is no complaint by either the appellant or the respondent Nos.2 and 3 in the matter and accepting the reasons given in the application, the respondent No.1 is permitted to deposit

2 caf3417.14 the amount. The learned Advocate undertakes on behalf of the respondent No.1 that in future there will be no default and in case default is committed, further action as per the order dated 14-06-2006 be taken.

The respondent No.1 is permitted to deposit the amount and it shall deposit the amount regularly as per the order dated 14-06-2006. For the lapse on the part of the respondent No.1, it shall deposit additional amount of Rs.2,000/- within one month from today.

The civil application is allowed in the above terms.

JUDGE pma