The High Court allowed the Civil Application by the applicant, a widow, to withdraw a deposit originally payable to her late husband, as no objection was raised by the respondent.
The applicant is permitted to withdraw the amount in question which was payable to original respondent no.3.
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0902caz58.12.odt
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR.
C.A.Z.NO.58 of 2012 in LPA NO.289/08 IN W.P.NO.4604/2003.
Vidarbha Gas Vessels Pvt. Ltd. Nagpur. ..vs.. Ashok Kelwade and others.
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Office Notes, Office Memorandum of Court's or Judges Order Coram appearances, Court's orders or directions & Registrar's orders.
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Mr.Y.V.Dharashivpurkaqr, Adv.for the applicant. Mr.K.S.Jagdale, Adv. for the respondents.
C ORAM: P.B.MAJMUDAR AND
P.B.VARALE, JJ.
DATED: 9th FEBRUARY, 2012.
By this application, the applicant has prayed for withdrawal of the amount, which is deposited by the appellant. It is submitted that during the pendency of this Letters Patent Appeal, original respondent no.3, who was husband of the applicant, has expired. It is submitted that the other respondents have been permitted to withdraw the amount. In view of the same, it is submitted that the applicant being widow of original respondent no.3, may be allowed to be withdrawn the said amount. The learned counsel for the appellant has no objection if the amount is allowed to be withdrawn by the applicant, who is the widow of respondent no.3. In view of this statement, the Civil application is allowed and the applicant is permitted to withdraw the amount in question, which was required to be payable to original respondent no.3.
Civil Application is deposed of accordingly.
JUDGE JUDGE.
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0902caz58.12.odt 2
Vidarbha Gas Vessels Pvt. Ltd.
Ashok Kelwade and others
P.B.Majmudar
P.B.Varale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court