M/S. S. M. And Co. Satara, Prop. Sarla Manikchand Bhandari And ORS v. Janta Sahakari Bank Ltd, Satara, Through Chairman And ORS

178-IA-85-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.85 OF 2026 IN SECOND APPEAL NO.6699 2013 M/S. S. M. And Co. Satara, Prop.

Sarla Manikchand Bhandari & Ors.

.....Applicants In the Matter in Between:

M/S. S. M. And Co. Satara, Prop.

Sarla Manikchand Bhandari & Ors.

.....Appellants Vs.

Janta Sahakari Bank Ltd, Satara, Through Chairman & Ors.

.....Respondents Mr. Himanshu Pujan, for the Applicants.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 13th FEBRUARY 2026 P.C.:- 1.

The Applicants have filed the present Application seeking permission to withdraw the amount deposited and for a direction to the Registry to permit withdrawal of the amount deposited by the firm. The firm had deposited an amount of Rs.18,50,000/- pursuant to the directions of this Court. The said amount was deposited on 14th August 2013. By order dated 23rd December 2021, this Court permitted withdrawal of the said amount as the matter stood Suresh 1/2

178-IA-85-2026.doc disposed of.

2.

However, the Registry raised an objection on the ground that there are three Applicants/Petitioners, whereas the present Application has been filed only by Petitioner No.2. It is stated by the Petitioner that the firm consists of partners, namely, the mother and two sons. The mother has given her No Objection Certificate permitting Petitioner No.2 to withdraw the said amount. Petitioner No.3 has expired. He was unmarried and had no legal heirs. An affidavit to that effect has been filed on record. 3.

In view of the affidavit and the No Objection Certificate placed on record, Petitioner No.2 is entitled to withdraw the said amount. Accordingly, a direction is issued to the Registry to permit Petitioner No.2 to withdraw the amount deposited.

4.

The Application stands disposed of.

(MRS. VRUSHALI V. JOSHI, J.) Suresh 2/2