W.C.L. Ltd, Its Registered Officer, Nagpur v. M/S J.B. Construction Company, Thr Partner, Nagpur

1 02-CAF 2848.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2848 OF 2025 IN FIRST APPEAL NO. 1081 OF 2010 (D) ( Western Coalfields Ltd. vs. M/s. J.B. Construction Company ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. G.B. Purohit, Advocate for the respondent. CORAM :

ABHAY J. MANTRI, J.

ATE :

AUGUST 07, 2025 1) The applicant/decree holder, i.e. respondent herein, has filed this application permitting it to withdraw the amount of Rs. 3,36,590/- deposited by the appellant, i.e. Western Coalfields Ltd./Judgment Debtor, along with interest accrued thereon, as the appeal preferred by the Judgment Debtor was dismissed. Similarly, he submits that during the execution proceedings, the Judgment Debtor had filed a reply and contended that it had already deposited part of the amount in this Court, and the remaining amount was deposited before the learned executing Court in the execution proceedings. He has also tendered across the bar a copy of the reply filed by the Judgment Debtor before the Executing Court; the same is taken on record and marked as 'X' for identification purposes.

2) Having considered the above facts, in my view, the applicant is entitled to withdraw the said amount; hence, the application is allowed as prayed.

3) The Registrar (J) is directed to transmit the amount lying in this Court along with accrued interest thereon, in the

2 02-CAF 2848.2025.odt bank account of the respondent/applicant within six weeks on it furnishing the bank account details to the Registry. ( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 08/08/2025 10:23:45