Disposed

Chief Officer, Jaysingpur Municipal Council v. Shantabai Maruti Raut and Anr.

Bombay HC27 Oct 2010CAF/1038/2010

Case brief

AI extract

What is this about?

The High Court granted interim relief to the respondent-widow allowing withdrawal of Rs.50,000 from treated decretal sum without security, pending the disposal of the appeal, subject to the applicant depositing the full amount within eight weeks.

What did the court decide?

Interim leave granted to respondent wife to withdraw Rs.50,000 without security; remaining decretal amount to be invested in bank pending disposal.

Chief Officer, Jaysingpur Municipal Council Vs Shantabai Maruti Raut and Anr. — Bombay HC (2010) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.1038 OF 2010 IN

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FIRST APPEAL NO.166 OF 2010

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Chief Officer, Jaysingpur Municipal Council ) Jaysingpur, Tal.Shirol, Dist. Kolhapur )..Applicant Vs Shantabai Maruti Raut & Ors. )..Respondents

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Mr.G.M.Savagave for the applicant.

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Mr.S.G.Thorat for the respondent no.1.

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Mr.P .R.Suryawanshi for respondent no.2.

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Ms.Priscilla Samuel i/by Mr. Raymond V. Samuel for the respondent no.3.

Coram : A.S.OKA,J

Date : 27.10. 2010.

1 Heard the learned Advocate for the applicant and learned

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Advocate for the respondent no.1. The applicant will have to deposit the entire decretal amount as a condition for grant of stay.

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2 CAF1038.10.sxw

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A substantial amount will have to be permitted to be withdrawn by

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the 1^st respondent-widow whose present age is about 55 years.

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2 Hence, application stands disposed of by passing following order :-

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O R D E R

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(i) There will be interim relief in terms of prayer clause-(a)

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subject to condition of the applicant depositing the entire compensation amount with the Tribunal within eight weeks from today. If the amount is not deposited, interim relief will stand vacated without further reference to the Court ;

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(ii) The Tribunal will permit the 1^st respondent to withdraw a sum of Rs.50,000/- without security. Rest of the amount shall be invested in any nationalised bank till the disposal of

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the appeal. It will be open for the 1^st respondent to withdraw the interest accrued on fixed deposit. The withdrawal of the amounts by the 1^st respondent will be subject to final outcome of the appeal. A sum of Rs.25,000/deposited in this Court by the applicant shall be transferred

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to the concerned Tribunal and shall be adjusted towards the

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decretal amount.

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(iii) Application stands disposed of.

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(JUDGE)

Chief Officer, Jaysingpur Municipal Council v. Shantabai Maruti Raut and Anr.

Case brief

What is this about?

What did the court decide?

Chief Officer, Jaysingpur Municipal Council v. Shantabai Maruti Raut and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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