Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISCELLANEOUS APPLICATION NO.12 OF 2018
IN
SUIT NO.3413 OF 2012
Akil Yusuf Khan & Anr. Applicants/defendants
V/s.
State Bank of India ...Respondent/Plaintiff.
Appearances:
Ld. Adv Ms.Jayshree Chavan for plaintiff.
Ld. Adv. Mr.Mehul Thakker for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 13th March,2019
ORDER
By way of this application defendants prayed for return of
amount deposited as suit was withdrawn unconditionally by plaintiff
due to satisfaction of the claim.
2. Defendants submitted that they have already settled the matter
with plaintiff bank. They have cleared all the dues of plaintiff bank.
Therefore, they requested to permit them to withdraw amount of
Rs.One Lakh deposited by them in this Court and prayed that
application be made absolute.
3. Learned Advocate Ms.Jayshree Chavan appearing for plaintiff
bank. She also supported the claim of defendants that defendants have
settled all the dues of plaintiff bank and matter was already settled.
MHCC01-002738-2018
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MA 12/2018 .. 2 .. Suit No.3413/2012
Therefore, plaintiff bank has no objection to grant permission as prayed
by defendants.
4. In this regard report was called and Deputy Registrar (PLA
Section, Account Department) has filed his report dt.13.03.2019
submitting that defendants have deposited Rs.1,00,000/ in this Court
which accordingly invested in Syndicate Bank, Colaba Branch, Mumbai
on 07.10.2014.
5. It is admitted fact that matter was settled out of Court and
defendants have satisfied all the dues of plaintiff bank. Accordingly, my
learned Predecessor on 26.09.2017 has passed the order and withdrawn
the suit unconditionally in view of application Exh.6. In such
circumstances, as matter has been settled and suit was already
withdrawn, permission can be granted to defendants to withdraw the
amount deposited in the Court. In such circumstances, application
deserves to be allowed and hence, I proceed to pass the following
order :
O R D E R
1. Miscellaneous Application No.12 of 2018 is made absolute.
2. Defendants are permitted to withdraw the amount
deposited i.e Rs.1,00,000/ in this Court.
3. After due verification Registrar (Civil) directed to pay
Rs.1,00,000/ with accrued interest thereon to defendants,
as per rules.
4. Parties to bear their own costs .
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 13/03/2019 City Civil Court, Gr. MUMBAI
Dictated on : 13.03.2019
Transcribed on : 13.03.2019
Signed on : 13.03.2019
kps/
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MA 12/2018 .. 3 .. Suit No.3413/2012
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.03.2019 at 5.40 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 13.03.2019
Judgment/order signed by P.O. on 13.03.2019
Judgment/order uploaded on 13.03.2019
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