Bombay High CourtMCA/930/2016disposed of

Shri. Jesus Alberto Basilo Mozart Costabir (Dec) Thr. Lrs., v. Goa Industrial Development Corporation, Thr. Its Managing Director.,

2017-06-12Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

mca no.930 of 2016

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 930 OF 2016 IN FIRST APPEAL NO. 32 OF 2007 SHRI. JESUS ALBERTO BASILO MOZART COSTABIR (DEC) THR. LRS., ... Applicant

Versus

GOA INDUSTRIAL DEVELOPMENT CORPORATION, THR. ITS MANAGING DIRECTOR.

... Respondent Shri Joaquim Godinho, Advocate for the Applicants. Shri Ashwin D. Bhobe, Advocate for the Respondent. Coram:- NUTAN D. SARDESSAI, J.

Date:- 12th June, 2017 P.C.:

The applicants seek the release of the balance amount deposited by the respondents in this Court. The applicants were initially allowed to withdraw the undisputed amount of `15,19,428/- by an order dated 1/07/2016 without prejudice to the rights of the parties. From the calculations submitted by the Registry a sum of `21,25,165.97 was due to the applicant with further interest till the actual payment. The Registry of this Court has computed the amount which is due and payable to the applicants. Though the respondents have denied their liability to pay the said amount, the calculation of the Registry have not been singularly disputed by them by placing a separate calculation sheet. In view thereof the applicants are held entitled for the withdrawal

mca no.930 of 2016 of the balance amount of `9,14,454.17 and the surplus if any be returned to the respondents. In view thereof the application stands disposed off.

NUTAN D. SARDESSAI, J.