The High Court granted an interim application modifying a previous order to restrict the liberty to withdraw a deposited sum of Rs. 4 lacs to Respondent No. 1 only, subject to the petition's outcome.
Modify order dated 11.02.2022 to grant liberty to withdraw deposited amount only to Respondent No. 1.
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29. civil ia 2980-22.doc
R.M. AMBERKAR (Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2980 OF 2022
IN
WRIT PETITION NO. 1384 OF 2002
Imtiyaz Abubakar Rajapkar & Anr. Applicants .. (Org. Respondent Nos. 1 and 2) IN THE MATTER BETWEEN Anil Atmaram Pilvankar .. Petitioner Versus Imtiyaz Abubakar Rajapkar & Ors. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : JUNE 17, 2022
P.C.:
1. Heard learned counsel for the parties. Perused the order dated 11.02.2022.
2. By the present interim application, the Applicants who are original Respondent Nos. 1 and 2 have sought modification of paragraph No. 7 of the order dated 11.02.2022 wherein liberty was granated to both the Applicants to withdraw the amount deposited by the Petitioner.
3. Mr. Chitnis, learned counsel for the Petitioner submits that he has
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29. civil ia 2980-22.doc
complied with the directions contained in paragraph No. 5 of the said order and the amount of Rs. 4 Lacs has been deposited in this court on 25.02.2022 in compliance thereof.
4. If the application is perused, it is seen that Respondent No. 2 has verified the present application. The averments made in the application are to the effect that liberty should be granted only to Respondent No. 1 who was the licensor in respect of the subject flat. Mr. Chitnis has raised no objection whatsoever to the application made by the Applicants. However he submits that the same may be granted without prejudice to the rights and contention of the Petitioner.
5. Upon hearing the parties and on perusal of the pleadings, the directions contained in paragraph No. 7 of the order dated 11.02.2022 stand modified and shall now read as under:-
6. Rest of the order dated 11.02.2022 remains as it is.
7. In view of the above, the interim application stands disposed of.
8. Place the writ petition on board on 4th July, 2022.
Digitally signed RAVINDRAMOHANAMBERKAR by RAVINDRAMOHANAMBERKARDate:2022.06.17 16:36:15 +0530
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1 issue framed by the court
Whether liberty granted by the previous order to all applicants to withdraw deposited amount should be modified to permit withdrawal only by the original Respondent No. 1.
Imtiyaz Abubakar Rajapkar
Anil Atmaram Pilvankar
MILIND N. JADHAV
As recorded by the court registry
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