Allowed

Jawaharlal S/O Motilalji Chobe (Dead) Thr. Lrs Kamlabai J Chobe v. Smt. Ramkuwar W/O Surajprasad Awasthi and Ors.

Bombay HC15 Jan 2020CAS/16/2020

Case brief

AI extract

What is this about?

The High Court of Bombay-Nagpur Bench allowed an application seeking discharge and return of a bank guarantee of Rs.5,00,000/- furnished as security towards an appeal, noting the respondent had no objection.

What did the court decide?

Bank guarantee bearing no.8761IPEBG150001 of Rs.5,00,000/- to be returned to the Appellants.

What the court decided

Jawaharlal S/O Motilalji Chobe (Dead) Thr. Lrs… — Civil Procedure and Limitation | Bombay HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CAS No.16/2020 IN Second Appeal No.313 of 2010

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Jawaharlal Motilalji Chobe since deceased through LRs.and others

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Vs.

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Smt. Ramkuwar w/o Surajprasad Awasthi.

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..............................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders

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Shri A.V. Khare, Advocate for the Appellants.
Ms. Kirti Deshpande, Advocate holding for
Shri Rajnish Vyas, Advocate for Respondent no.1.

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CORAM : MILIND N. JADHAV, J. DATED : 15/01/2020.

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Heard Shri A.V. Khare, learned counsel
appearing for Applicants and Ms. Kirti Deshpande,
learned counsel appearing for Respondent no.1 (Original
Plaintiff).

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2.Second Appeal No.313/2010 came to be
disposed of on 17.10.2019. During pendency of the
Appeal, the Appellants had been directed to furnish
security to the tune of Rs.5,00,000/-. Accordingly, the
Appellants had tendered bank guarantee of
Rs.5,00,000/- bearing no.8761IPEBG150001 towards
security. The Second Appeal came to be allowed in
favour of the Appellants.

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3. Therefore, by the present application, the

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Appellants are seeking discharge of bank guarantee,
which had been submitted and seek return of the same.
The learned counsel appearing on behalf of the
contesting Respondent no.1 (Original Plaintiff), has no
objection to the relief, as prayed for in the present
application. Accordingly, Civil Application No.16/2020 is
allowed, in terms of the prayer clause, as stated therein.

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4.Registry of this Court is directed to return bank
guarantee of Rs.5,00,000/- bearing no.8761IPEBG150001
to the Appellants within a period of two weeks from the
date of intimation of this order.

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5. Civil Application is disposed of accordingly.

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Ambulkar

Jawaharlal S/O Motilalji Chobe (Dead) Thr. Lrs Kamlabai J Chobe v. Smt. Ramkuwar W/O Surajprasad Awasthi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Jawaharlal S/O Motilalji Chobe (Dead) Thr. Lrs Kamlabai J Chobe v. Smt. Ramkuwar W/O Surajprasad Awasthi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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