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Bombay High CourtMCA/229/2022disposed of

Thr Proprietor, Gopika Wood Industries, Rep. By Its Partner, Darshan Salelkar v. Laxmi Naik And 4 ORS

2022-09-22Hon'Ble Shri Justice M. S. Sonak3 pages

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO. 25 OF 2017 WITH MISC. CIVIL APPLICATION NO.229 OF 2022 THR PROPRIETOR, GOPIKA WOOD INDUSTRIES, REP. BY ITS PARTNER, DARSHAN SALELKAR., ... Appellant

Versus

LAXMI NAIK AND 4 ORS., ... Respondents Mr. P. A. Kholkar, Advocate for the Appellant-Applicant. Ms V. Fernandes, Advocate for Respondents No.1 to 3. WITH MISC. CIVIL APPLICATION NO. 1995 OF 2022 (F) LAXMI NAIK AND OTHERS. .... Applicants.

Versus

THR PROPRIETOR, GOPIKA WOOD INDUSTRIES, REP. BY ITS PARTNER, DARSHAN SALELKAR., ... Respondent. Ms. V. Fernandes, Advocate for the Applicants. Mr. P.A. Kholkar, Advocate for the Respondent.

CORAM:

M. S. SONAK, J.

DATED :

22nd September 2022 P.C.:

1.

Misc. Civil Application No.1995/2022(f) not on board. However, with the consent of the learned Counsel for the parties, the same is taken on board.

2.

Misc. Civil Application No. 229/2022 and Misc. Civil Application No.1995/2022(f) are being disposed of by this common order.

3.

Mr. Kholkar and Ms. V. Fernandes, the learned Counsel for the respective Applicants point out that First Appeal No.25/2017 stands disposed of by virtue of the Minutes dated 25 th June, 2022 filed before the Lok Adalat. In their respective applications, they seek withdrawals of the amounts deposited by the Appellant in this Court. Accordingly, both the applications are allowed by directing the Registry to withdraw both the applicants' amounts in terms of the Minutes dated 25 th June, 2022 by which First Appeal No.25/2017 came to be disposed of.

4.

By way of clarification, it is stated that the Appellant must be allowed to withdraw an amount of 25,000/- deposited by ₹ him at the time of filing of the Appeal. The balance amount will abide by the Minutes dated 25 th June, 2022. Both the parties will be entitled to proportionate interest, if any that shall have accrued on the deposited amount.

5.

Both the Misc. Civil Applications are disposed of in the above terms.

M. S. SONAK, J.

SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2022.09.22 16:27:29 +05'30'