In C.A. 17 of 2013, the Bombay High Court at Aurangabad allowed the applicant to withdraw a sum of Rs. 2,84,025/- deposited via cheque in an execution proceeding, restraining the non-applicant from the same.
Allowed the applicant to withdraw the deposited amount of Rs. 2,84,025/-.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD.
Civil Application No. 17 of 2013 (In First Appeal Stamp No. 33804 / 2012) (The New India Assurance Co. Ltd. Vs.
Sk. Kalim s/o. Sk. Abdul & another)
Appearances : Mr. M.M. Ambhore, Advocate, for the applicant.
Mr. P.C. Mayure, Advocate, for respondent no.1.
CORAM : S.V. GANGAPURWALA, J.
DATE : 1ST MARCH 2013
COURT'S ORDER :
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amount under execution twice, there is no impediment to consider the request made by the present applicant.
Present applicant is allowed to withdraw amount of Rs. 2,84,025/- deposited by it vide cheque No. 631664 drawn on Axis Bank.
bgp/ca17
1 issue framed by the court
Whether the applicant is entitled to withdraw the deposited execution amount despite the non-applicant's claim.
New India Assurance Co. Ltd.
Sk. Kalim s/o. Sk. Abdul
S.V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
