Order 1

Order Details: Other
Pdf Text: 1 MA 05/18 in Suit 4082/11
CNR No. MHCC010016162018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISC. APPLICATION NO. 05 OF 2018
IN
SUIT NO. 4082 OF 2011
Paras Nagar Condominium Bldg. No.3 and Anr ….Plaintiffs
V/s.
M.J.Pinheiro …. Defendant
Ld. Adv for plaintiff.
Ld. Adv Mr. for defendants
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 16th FEBRUARY, 2019
ORDER
1. This is an application filed by defendants for refund of amount
lying in court.
2. Defendants contended that suit filed by plaintiff has been
disposed off before Lok Adalat by consent term dated 14.02.2015. As
per the consent terms defendant is allowed to withdraw the amount
deposited in the court. The amount be refunded to defendants.
3. I called the report of Assistant Registrar, PLA Section, Accounts
Department, City Civil & Sessions Court, Mumbai, dated 30.11.2018
and 12.02.2019. As per report dated 30.11.2018, it shows initially the
-- 1 of 4 --
2 MA 05/18 in Suit 4082/11
defendants deposited amount to the Hon'ble High Court, which came to
be transferred to this court while transferring the suit. The said amount
was deposited in fixed deposit. From award of Lok Adalat shows that
defendant is entitled to withdraw sum of Rs. 1,43,151/ deposited with
Prothonotory & Senior Master, Hon'ble High Court dated 16.04.2012.
Thereafter, defendants made application for withdrawing the amount.
However, the payment has not been disbursed to the defendant for
want of clearing the certain office objection. The office raised the
objection that name of defendant shown in plaint as 'PINNERIO', where
as documents provided by the defendant for NEFT (Pan Card, Aadhar
Card and Bank details form), showing the surname as 'PINHEIRO'. Due
to difference in surname of defendant amount was not paid to the
defendant. Therefore, defendant has made this application. It shows the
defendant is entitled to withdraw the amount deposited in the court
with interest. However, amount was not disbursed as there was
difference in surname of defendant.
4. Defendant's advocate submitted that only there is a mistake of
one alphabet and instead of 'N' it is mentioned 'H' in Pan card, Aadhar
Card and bank details form. He submitted that there is no dispute about
identity of defendant.
5. I found as the defendant is entitled to withdraw the amount as
per consent terms in Lok Adalat, then office has to make repayment of
amount. However, there is difference of one alphabet in surname of
defendant, then defendant is to give undertaking on affidavit if anybody
claims the amount, he will refund it with interest @ 6% forthwith to the
court. With this, I proceed to pass the following order:
-- 2 of 4 --
3 MA 05/18 in Suit 4082/11
O R D E R
1. Misc. Application No. 05 of 2018 is allowed.
2. Assistant Registrar, PLA Section, Accounts Department, City Civil
& Sessions Court, is directed to refund the amount with interest
to the defendant on taking his undertaking on affidavit if anybody
claims the amount with 6% interest on the amount received by
him forthwith.
3. MA 04/17 stands disposed off accordingly.
( KALPANA S. HORE )
Judge,
Dated : 16.02.2019 City Civil Court, Gr. Mumbai
Dictated on : 16.02.2019
Transcribed on : 16.02.2019
Signed on : 16.02.2019
-- 3 of 4 --
4 MA 05/18 in Suit 4082/11
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
16.02.2019 5.00 pm Mrs. Nikita Yogesh Gadgil
Name of the Judge (With Court
Room No.)
HHJ Smt. K. S. HORE (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
16.02.2019
JUDGEMENT /ORDER signed by
P.O. on
16.02.2019
JUDGEMENT /ORDER uploaded
on
16.02.2019
-- 4 of 4 --