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Bombay High CourtMCA/59/2019allowed

Jayram Ramchandra Sirsat, Rep. By Poa, Suhas Jayram Sirsat., v. Ashok Jagannath Chodankar (Dec).,

2019-01-28Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 59 OF 2019 IN WRIT PETITION NO. 67 OF 2012 JAYRAM RAMCHANDRA SIRSAT, REP. BY POA, SUHAS JAYRAM SIRSAT., ... Applicant

Versus

ASHOK JAGANNATH CHODANKAR (DEC)., ... Respondent Ms. Tanvi Kamat Ghanekar, Advocate for the Applicant. Coram:- C. V. BHADANG, J.

Date:- 28th January 2019 P.C.

Heard Ms. Ghanekar, the learned Counsel for the applicant.

2. This is an application for withdrawal of the amount of rent deposited before this Court. Writ Petition No. 67/2012, filed by the respondents, against the order of eviction, was dismissed by this Court on 27.04.2017. It is submitted that the matter was carried to the Hon'ble Supreme Court by the respondents, where the Special Leave to Appeal was dismissed and after that, the respondents have also vacated the subject premises.

3. In such circumstances, for permitting withdrawal of the amount, it would not be necessary to issue notice to the respondents.

MCA/59/2019

4. In the result, the application is allowed. The amount deposited before this Court shall be paid to the applicant alongwith interest, if any.

C. V. BHADANG, J.

EV