Premlaxmi And Co v. Union Of India

902. IA 5367-25 in EXAL 17688-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5367 OF 2025 IN EXECUTION APPLICATION (L) NO. 17688 OF 2024 Pramlaxmi and Co.

...Applicant V/s.

Union of India

...Respondent

Mr. Indra Kumar Lahoti i/b Praxis Legal, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th OCTOBER, 2025 P.C. :

1.

This Interim Application seeks permission of this Court to withdraw the sum of Rs. 4,89,331/- along with further interest accrued on the principal amount of Rs. 2,07,129/- as on the date of withdrawal from the Prothonotary & Senior Master's account. 2.

Mr. Lahoti, learned Counsel appears for the Applicant and submits that earlier the Respondent had deposited the said amount with the Prothonotary & Senior Master and the Execution Application had been disposed of by the order dated 29th July, 2025. Mr. Lahoti submits that this Application is seeking to withdraw the said amount along with interest. That service of this Application has already been Nikita Gadgil 1/2

902. IA 5367-25 in EXAL 17688-24.doc effected on the Union of India and tenders across the bar affidavit of service dated 14th October, 2025 and despite service none appears for the Respondent No.1.

3.

Having heard the learned Counsel and having considered his submissions and having perused the Application with his assistance, this Court is of the view that the Interim Application be allowed in terms of Clause (a), which reads thus:- "(a) This Hon'ble Court be pleased to allow the Applicant to withdraw the sum of Rs. 4,89,331/- along with further interest accrued on the principal amount of Rs. 2,07,129/- as on the date of withdrawal"

4.

The Prothonotary & Senior Master is directed to disburse the amount along with interest within a period of four weeks. 5.

The Interim Application to accordingly stand allowed and disposed as above.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.10.15 19:07:08 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2