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Bombay High CourtCAS/34/2024ca disposed off

Indian Oil Corp. Ltd., Nagpur Division, Naresh Kumar Thawait, Auth. Signatory v. Ashok S/O Lalji Shejpal And Another

2024-07-18Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:7685 1 51-CAS-34-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 34 OF 2024 IN SECOND APPEAL NO. 79 OF 2020 INDIAN OIL CORPORATION LTD.

Vrs.

ASHOK LALJI SHEJPAL AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Vidya Umale, Advocate for applicant/appellant. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/07/2024.

1.

This is an application for direction to the Registry to consider the letter dated 10/11/2023 as original bank guarantee.

2.

Perused the application.

3.

Heard learned Advocate for the applicant. No one present for respondents. No any objection is raised. 4.

Learned advocate for the applicant pointed out Para No.3 of the application wherein it is averred that in the course of transit, the original bank guarantee was lost. Therefore, it is not possible to place it on record. It is also pointed out that Authorised Signatory of the bank issued letter on 10/11/2023 addressed to the High Court Registry, Nagpur Bench confirming the issuance of bank guarantee along with details of it.

5.

Considering this aspect, it would be proper to allow the aplication as prayed.

2 51-CAS-34-24.odt 6.

The Registry is directed to consider the letter dated 10/11/2023 as original bank guarantee.

7.

The application is, therefore allowed and disposed of.

8.

List the appeal after three weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/07/2024 18:27:35