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Bombay High CourtMCA/204/2022allowed

Prabhav Realtors Rep. By Its Managing Partner Pandurang Anant Naik v. Digambar Voikant Palondikar 3 ORS.

2022-07-22Hon'Ble Shri Justice M. S. Sonak2 pages

901-MCA-204-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.204 OF 2022 IN FIRST APPEAL NO.94 OF 2013 PRABHAV REALTORS REP.

BY ITS MANAGING PARTNER PANDURANG ANANT NAIK ... APPLICANT

Versus

DIGAMBAR VOIKANT PALONDIKAR & 3 ORS.

... RESPONDENTS Mr. Neehal S. Vernekar, Advocate for the Applicant. Mr. P. Kakodkar, Advocate for Respondents.

CORAM:

M. S. SONAK, J.

DATE :

22nd JULY 2022 P.C. :

1.

Heard learned Counsel for the parties.

2.

The grant of reliefs in this civil application is not opposed by Mr. P. Kakodkar, learned Counsel for the respondents. 3.

Accordingly, this application is made absolute in terms of prayer clauses (a) & (b) which read as follows: 22nd July 2022

901-MCA-204-2022.DOC "a. An amount of Rs.1,02,26,728/- (One Crore Two Lakhs Twenty Six Thousand Seven Hundred Twenty Eight) may be released to the Respondents out of the Rs.1,15,00,000/- deposited by the Applicant on 29.06.2022.

b. An amount of Rs.12,73,272/- as stated in Para 7 above, may be refunded/released to the Applicant, as the same is in excess of the settlement amount." 4.

The Registry to act accordingly and permit the parties to withdraw the above amount. At this stage, Mr. Kakodkar states that the respondents have already withdrawn the amount due and payable to them. This means that the Registry should now permit the applicant to withdraw the amount of 12,73,272/- as ₹ stated in paragraph 7 of the application.

5.

Misc. Civil Application No.204/2022 is disposed of. M. S. SONAK, J.

HALDANKAR Date: 2022.07.22 17:15:57 +05'30'

NITI K HALDANKAR 22nd July 2022