Maharashtra Jeevan Pradhikaran And ANR. v. M/S. C.R. Constructions And ORS.

8-caf3596-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3596 OF 2019 IN FIRST APPEAL NO.1254 OF 2015 Maharashtra Jeevan Pradhikaran & Anr.

...Applicants / ...Appellants V/s.

C.R. Constructions & Ors.

...Respondents

Mr.A.R. Pitale for the Applicants / Appellants. Mr.Omkar Nagvekar i/b Mr.P.R. Arjunwadkar for the Respondent No.1.

Mr.Sheetal Mane Tadke for the Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 15TH JANUARY, 2020.

P.C. :- 1.

By this application, the applicants have impugned the order dated 27th April, 2019 passed by the learned District Judge - I, Sangli allowing the application (Exhibit 94) seeking withdrawal of the deposit by the applicants (original appellants). Without going into the issue whether the said application is maintainable against the order passed by the learned District Judge blow Exhibit - 94 or not, in my view no prejudice would be caused to the applicants in view of the order permitting withdrawal subject to furnishing security to the extent of the said amount as mentioned in paragraph 2 of the said order. It is made clear that the learned District Judge while considering the aspect of security by producing the papers of 1/2

8-caf3596-19.doc valuation of the property, shall hear both the parties before permitting the applicant in the said Exhibit - 94 to withdraw the said amount. It is made clear that the said order passed by the leaned District Judge does not direct the applicant therein to furnish any bank guarantee. 2.

The civil application is disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2