The National Cooperative Housing Society Ltd. Vs 1. the Maharashtra Water Supply and Sewerage Board and Ors.

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I N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2582 OF 2008 IN CIVIL APPLICATION NO.2201 OF 2007 IN FIRST APPEAL NO.98 OF 2007

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The National Co-operative Housing Society Ltd. : Applicant. Versus The Maharashtra Water Supply And Sewerage Board and ors. : Respondents.

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Ms.Rupali V. Pawar for the Applicant. Ms.Sangita Patil h/f Mr.A.G.Damle for the Respondents.

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CORAM : R.M.SAVANT, J. DATED : 23^rd JULY 2008

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P.C.

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By the above Civil Application has been filed by the Applicant/Appellant for modification of the interim order dated 12^th February 2008. By the said order passed in Civil Application No.2201 of 2007, ad-interim stay came to be granted to the Applicant/Appellant on the condition that the Applicant/Appellant to deposit a sum of Rs.4,52,000/- which were towards the water charges payable to the Respondents by the Applicant/Appellant. The modification is sought

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2

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as regards the said sum of Rs.4,52,000/-. It is the case of the Applicant/Appellant that it has already deposited a sum of Rs.2,11,537/- with the Respondents on 2.11.1993 and, therefore, the said amount would have to be deducted from the amount of Rs.4,52,000/- which was directed to be deposited by this Court. A receipt for the deposit of the said amount of Rs.2,11,537/- is annexed to the above Civil Application.

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On behalf of the Respondents, the said position is not disputed.

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In view thereof, the above Civil Application is allowed in terms of prayer clause (a). The Applicant/Appellant to deposit the amount of Rs.2,40,573/- within a period of eight weeks from date with the Respondents. In the event, the said amount is not deposited within the time stipulated by this Court as aforesaid, the ad-interim relief granted would stand vacated. The above Civil Application is accordingly disposed of.

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[R.M.SAVANT, J]

The National Cooperative Housing Society Ltd. v. 1. the Maharashtra Water Supply and Sewerage Board and Ors.

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The National Cooperative Housing Society Ltd. v. 1. the Maharashtra Water Supply and Sewerage Board and Ors.

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