Sohanlal Ghashiram Oza v. Birdev Sahkari Bank Ltd & Ors.
Case at a glance
Outcome
Disposed of
circumstances, civil application is disposed of by passing
Provisions considered
Key paragraphs
- Para 33. Now, the petitioner has filed the present civil application for withdrawal of amount of Rs.3,33,532/- which he has deposited pursuant to the order passed by this Court. Respondent no.1-Bank has already got the property transferred in its name under the provisions of Section 100…
Judgment
Mr. N. S. Rajeshirkar for the applicant. Mr. Omkar Nagvekar i/b Mr. P. R. Arjunwadkar for respondents. Coram : RANJIT MORE, J. Date : September 14, 2011. P. C. :
By this application, the petitioner – applicant is seeking permission to withdraw an amount of Rs.3,33,532/-, which has been deposited by him in this Court on 27/8/2010 pursuant to the order dated 9/8/2010 passed in aforesaid writ petition.
By the order dated 9/8/2010, the applicant-petitioner’s statement that he is ready and willing to deposit entire amount of recoverable dues was accepted and notice was issued to the respondents with interim protection to the petitioner. The total recoverable dues as on 9/8/2010 were to the tune of Rs.5 lacs. The applicant did not deposit the total recoverable dues as per the statement made earlier. He deposited only Rs.3,33,532/-. -: 2 :- Subsequently, the petition was dismissed by this Court on 20/3/2011.
Now, the petitioner has filed the present civil application for withdrawal of amount of Rs.3,33,532/- which he has deposited pursuant to the order passed by this Court. Respondent no.1-Bank has already got the property transferred in its name under the provisions of Section 100 of the MCS Act, 1960 read with Rule-85 of the MCS Rules 1961. Learned counsel for respondent no.1 has no serious objection if the applicant is allowed to withdraw the said amount. In these circumstances, civil application is disposed of by passing following order. -:
Operative part
O R D E R :- (i) The applicant is permitted to withdraw the amount of Rs.3,33,532/- unconditionally, which he has deposited in this Court in aforesaid Writ Petition.
(RANJIT MORE, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: circumstances, civil application is disposed of by passing
Which court decided this case, and when?
Bombay High Court, on 14 Sep 2011. The bench was RANJIT MORE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.