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Bombay High CourtCRA/53/2018

The President, Shetkari Sahakari Sangh Limited, Kolhapur And ANR v. Shri Ajit Manoharpant Ghorpade

2018-07-02Hon'Ble Shri Justice Rajesh G. Ketkar3 pages

1/3 1.CRA.53-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.53 OF 2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Ruturaj P. Pawar, Advocate for Applicants. Mr.Abhijit M. Adagule, Advocate for Respondent. CORAM : R. G. KETKAR, J.

DATE : 30/07/2018 P.C.:

1.

Heard Mr.Ruturaj Pawar, learned Counsel for the applicants and Mr.Abhijit Adagule, learned Counsel for the respondent.

2.

By order dated 2.7.2018, C.R.A. was dismissed. On the oral application made by Mr. Pawar interim order dated 8.3.2018 was continued for a period of eight weeks subject to the defendants filing undertaking in terms of paragraph­15 of the order.

3.

Mr. Pawar has tendered an undertaking of Yuvraj Dattajirao Patil, the President of Shetkari Sahakari Sangh Ltd., Kolhapur dated 25.7.2018, which is taken on record and marked 'X' for identification.

2/3 1.CRA.53-18.doc 4.

Mr. Pawar states that the undertaking is in terms of paragraph­15 of the order dated 2.7.2018. Mr. Adagule confirms said fact. In view thereof, the undertaking dated 25.7.2018 is accepted.

5.

Mr. Adagule submits that the respondent may be permitted to withdraw the amount deposited by the petitioners in this Court. Mr. Pawar has no objection. In view thereof, the respondent is permitted to withdraw the amount deposited by the petitioners in this Court along with accrued interest if any, unconditionally.

6.

Mr. Pawar further states that he has also brought demand draft for Rs.400/­ covering the period from April, 2018 to August, 2018 and assures that he will deposit it in the registry of this Court on or before 3.8.2018. The respondent is permitted to withdraw this amount as well.

7.

Mr. Pawar seeks extension of interim order dated 8.3.2018 for a period of four weeks from 31.8.2018 and assures that the defendants will not apply for further extension of the interim order. He further assures that the defendants will go on depositing the amount in this Court under intimation in writing to the respondent's Advocate till such time the possession of the suit premises is handed over to the respondent @ Rs.100/­. Mr. Adagule has no objection for extending the interim order dated

3/3 1.CRA.53-18.doc 8.3.2018 for a period of four weeks.

8.

In view thereof, the interim order dated 8.3.2018 is further extended for a period of four weeks from 31.8.2018. The defendants shall go on depositing the amount @ Rs.100/­ from September, 2018 till such time possession is handed over or as per the order that may be passed in the proposed proceedings. Order accordingly.

by Pradipkumar Prakashrao Deshmane Date: 2018.08.01 17:53:46 +0500 Pradipkumar Prakashrao Deshmane (R. G. KETKAR, J.) Deshmane(PS)