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Bombay High CourtCAF/3479/2018admittedallwdgrantedrule absolute

Punjab National Bank And 2 Others v. Jagdishprasad Surajmal Agrawal (Dead) Through Lrs. Smt. Durgadevi Wd/O Jagdishprasad Agrawal And An

2018-11-24Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3479/2018 IN FIRST APPEAL NO.112/2002 Punjab National Bank, Nagpur and others ...Versus...

Jagdishprasad s/o Surajmal Agrawal and others Applicant : Mohanlal s/o Surajmal Agrawal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Sharma, Counsel for applicant/respondent no.2 CORAM : ARUN D. UPADHYE, J.

DATE : 24/11/2018 Heard.

The learned Counsel for the applicant/respondent no.2 submitted that First Appeal No.112/2002 is already transferred to the District Judge - 9, Nagpur. However, the amount deposited by the appellants is still lying in this Court and therefore, the same may be remitted where the appeal is transferred.

Considering the submissions of the learned Counsel for the applicant, I am of the view that the amount deposited by the appellants in First Appeal No.112/2002 lying in this Court could be transferred to the Court where the appeal is transferred. Hence, I pass the following order.

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ORDER

The civil application is allowed.

The amount of Rs.10,00,000/- along with accrued interest thereon deposited in First Appeal No.112/2002 in this Court be transferred to the District Judge - 9, Nagpur in Regular Civil Appeal No.143/2012 for further consideration. JUDGE Wadkar, P.S.