M/S. Asha Institute Of Medical Science And Research Centre Pvt. Ltd.,Thr. M.D., Rajendra R. Agrawal v. First Medical Services Pvt. Ltd., Kanpur, Thr. Managing Director, Shri. Piyush Seth

1 48-2119-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2119/2024 M/s Asha Institute of Medical Sciences and Research Centre Pvt. Ltd. Vs.

First Medical Services Pvt. Ltd.

Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.R. Srivastava, Advocate for Petitioner CORAM: N.R. BORKAR, J.

DATED : 01st JULY, 2024 The petitioner herein had filed an application seeking permission to withdraw the amount of Rs.23,41,082/-, deposited by the contesting respondent herein before the first appellate Court.

2.

The first appellate Court has rejected the said application by the order impugned. The learned counsel for the petitioner has drawn my attention to the reply filed by the contesting respondent to the application before the first appellate Court and submits that in terms of the reply the petitioner is ready to furnish bank guarantee.

3.

In that view of the matter the order impugned dated 02.02.2024, is set aside.

2 48-2119-24.odt 4.

The petitioner is permitted to withdraw the amount of Rs.23,41,082/-, subject to furnishing the bank guarantee.

5.

The petition is disposed of. No costs.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 03/07/2024 18:18:51