Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC010016342019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 637 OF 2019
IN
SUIT NO. 9054 OF 1995 (Already Disposed Off)
(HC SUIT NO.3642 OF 1995)
Jankalyan Sahakari Bank Ltd ...Plaintiff.
V/s.
State Bank Of India ...Defendant.
Appearances:
Learned Adv. Mr. Omkar Warange for Plaintiff/Decree Holder.
Learned Adv. Mr. Atul I/b M/s. Utangale & Co. for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SANDIPKUMAR C. MORE
(C.R.No.04)
DATED : 07th November, 2019.
: ORAL ORDER :
The plaintiff has taken out this Notice of Motion for withdrawal
of amount of Rs.38,90,623.50/ deposited by the defendant bank, as per
the judgment and decree dated 20.02.2017 in S.C. Suit No.9054/1995.
2. On the contrary, the defendant bank strongly opposed this Notice
of Motion under reply dated 19.03.2019, on the ground that they have
already taken out other Notice of Motion No.1431/2018 for refund of
excess amount of Rs.50,942.25/ and claimed that it had already
satisfied the decree.
4. Heard rival submissions. Also perused the documents on record.
5. Admittedly, the defendant bank has deposited an amount of
Rs.38,90,623.50/ on 24.01.2018. However, I have already rejected the
Notice of Motion No.1431/2018 of the defendant by observing that if
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NM 637/19 in SU 9054/95 (D.O.) .. 2 .. Order
any excess amount is found to be deposited by defendant bank, then it
would be adjusted at the time of final adjudication of the Execution
Application taken by plaintiff bank, in view of decree in S.C. Suit
No.9054/1995. It is to be noted here that the Execution Application
No.11/2019 is for recovery of total amount of Rs.1,15,59,460/ as on
31.07.2018. Therefore, the plaintiff bank can be permitted to withdraw
the amount of Rs.38,90,623.50/ lying with this Court as deposited by
defendant bank under the aforesaid decree, subject to final calculations
in Execution Application No.11/2019 and that too after proper
identification and verification. Hence, I pass following order.
: O R D E R :
1. The Notice of Motion No.637 of 2019 is allowed in terms
of prayer clause (a) and (b).
2. Cost in cause.
3. Notice of Motion No.637 of 2019 is disposed off
accordingly.
(SANDIPKUMAR C. MORE)
1st Additional Principal Judge,
(Court No.4)
Date : 07.11.2019. City Civil Court, Gr. Mumbai
Dictated on : 07.11.2019.
Transcribed on : 07.11.2019.
Signed on : 07.11.2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07.11.2019, at 05.46 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S.C. More
Court Room No.4
Date of Pronouncement of Judgment/order 07.11.2019
Judgment/order signed by P.O. on 07.11.2019
Judgment/order uploaded on 07.11.2019
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