M/S Khandelwal Automobiles Authorised Dealer Of M/S Balaji Tempo Ltd v. Vishnudas Bankatlal Laddha And ANR

SA465-13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.S. NO. 1383/2018 IN SECOND APPEAL NO. 465/2013 (KHANDELWAL AUTOMOBILES VERSUS VISHNUDAS BARKATLAL LADDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Nikhil A. Gaikwad, counsel for appellant. Shri B.N. Mohta, counsel for respondent.

CORAM : A.S. CHANDURKAR, J.

DATE : OCTOBER 31 , 2018.

The non-applicant seeks permission to withdraw the amount of Rs.65,000/- deposited by the applicant as a condition for grant of stay.

It is stated that the original plaintiff is in need of said amount for his treatment.

The application is opposed by the learned counsel for the appellant. However, considering the reasons assigned in the application and in the light of the fact that both the Courts have held in favour of the plaintiff, the non-applicant no.1 is permitted to withdraw amount of Rs.50,000/- subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial). Rest of the amount be invested in fixed deposit.

Civil application is allowed in aforesaid terms and disposed of.

JUDGE APTE