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Ambajogai Sahakari Sakhar Arkhana Ltd… — Pension and Retirement Benefits | Bombay HC (2014)

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Bombay HC
2014
Ambajogai Sahakari Sakhar Arkhana Ltd., Ambajogai VsAmbajogai Sahakari Sakhar Arkhana Ltd., Ambajogai v. the Mah

Disposed

Ambajogai Sahakari Sakhar Arkhana Ltd., Ambajogai v. the Maharashtra State Co-Operative Bank Ltd.

Bombay HC17 Sept 2014CAW/1896/2014

Case brief

AI extract

What is this about?

The court allowed an application seeking withdrawal of a deposited amount from the Court Registry. Following satisfaction that dues were paid, the registrar was directed to verify records and pass an order for withdrawal.

What did the court decide?

Registrar directed to verify record and pass appropriate order for withdrawal of the amount deposited.

What the court decided

AI extract

Outcome

Registrar directed to verify record and pass appropriate order for withdrawal of the amount deposited.

Issue for consideration

Whether the applicant is entitled to withdraw the amount deposited with the Court Registry during the pendency of writ proceedings.

Detailed headnote1 paragraphs

An applicant seeking withdrawal of funds deposited with the Court Registry during pendency of writ proceedings is entitled to do so upon verification. The registrar is directed to verify the record and pass an appropriate order for withdrawal of the balance amount.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

vrd 1 WP6828/05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO.1896 OF 2014 IN WRIT PETITION NO.6828 OF 2005

Ambajogai Sahakari Sakhar Karkhana Ltd. v/s

The Assistant Provident Fund Commissioner and Recovery Officer, Aurangabad and anr.

...Applicant

...Respondents

Mr S.S. Raut for Applicant.

Ms Sangita Naidu i/b Mr Suresh Kumar for Respondent No.1. Mrs Varsha Palav for Respondent No.2.

CORAM : NARESH H. PATIL AND

B.P. COLABAWALLA JJ.

DATE : 19TH SEPTEMBER 2014.

P.C. :-

Heard. Perused the order dated 7^th April 2010 passed by the Division Bench of this Court in a group of Writ Petitions viz. Writ Petition No.6825 of 2005 and others. We have also perused the order passed by the Division Bench of this Court in Civil application No.2231 of 2011 in Writ Petition No.6828 of 2005 dated 23^rd November 2012.

vrd 2 WP6828/05

The Applicant prays for payment of balance amount lying with the Registry of this Court by sale of sugar stock. The learned counsel appearing for the Maharashtra State Co-op. Bank Ltd. places on record No Due Certificate dated 18^th July 2014 issued to the Applicant. The learned counsel appearing for the Provident Fund Department submits that they have no objection for withdrawal of the amount with interest accrued thereon. It is submitted that they have received their dues from the Applicant.

The applicant is entitled to file an application with the Registry of this Court seeking withdrawal of the amount deposited during the pendency of proceedings in Writ Petition No.6828 of 2005. The registrar (Judicial) to pass appropriate order after verifying the record regarding the request made for withdrawal of the amount. With this direction, Civil Application is disposed off.

( B.P. COLABAWALLA J. ) ( NARESH H. PATIL J. )

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant is entitled to withdraw the amount deposited with the Court Registry during the pendency of writ proceedings.

Parties & counsel

AI extract

applicant
Ambajogai Sahakari Sakhar Karkhana Ltd.
respondent
The Assistant Provident Fund Commissioner and Recovery Officer, Aurangabad
respondent
anr.

Coram

AI extract

Naresh H. Patil
B.P. Colabawalla

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 17 Sept 2014 · September
Registered: 5 Aug 2014
Case no.: CAW/1896/2014
CNR: HCBM010272642014
Topic: Pension and Retirement Benefits
Bench: B.p. Colabawalla Naresh H. Patil
Disposal: Disposed Off

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Cite this judgement

Ambajogai Sahakari Sakhar Arkhana Ltd., Ambajogai v. the Maharashtra State Co-Operative Bank Ltd., CAW/1896/2014 (BOM), decided on 17 September 2014.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Naresh H. Patil and B.P. Colabawalla

Parties & counsel