Final Order 1

Order Details: Other
Pdf Text: M.A.No. 24/19 in Suit No. 6446/04. 1 Order.
MHCC010029262019
Presented on : 08-03-2019
Registered on : 08-03-2019
Decided on : 29-07-2022
Duration : 3 years, 4 months, 21 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
MISCELLANEOUS APPLICATION NO. 24 OF 2019
IN
DISPOSED OFF SUIT NO. 6446 OF 2004
(Old High Court Suit No. 756 of 2004)
Hormaz T. Irani )...Applicant/
Defendant No.3
In the matter of :
Yasmin Mehrotra )...Plaintiff
Versus
Tirandaz M. Irani since deceased through
Legal Heirs Jerbanoo T. Irani and Others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 29th JULY, 2022.
Miss Jinal Bhanushali, Advocate for the applicant.
ORDER
1. Heard learned counsel Jinal Bhanushali for the applicant.
2. This is a miscellaneous application filed by defendant no.3
for withdrawal of amount of Rs.3,00,000/ with accrued interest
deposited by him in Suit No. 6446/2004 (old Suit No. 756/2004 before
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M.A.No. 24/19 in Suit No. 6446/04. 2 Order.
Hon'ble High Court). Defendant no.3 had deposited amount of
Rs.3,00,000/ in the Hon'ble High Court as per directions in Notice of
Motion No. 834/2004 dated 27/04/2004. Subsequently, the suit came
to be transferred to this Court and renumbered as Suit No. 6446/2004.
The suit came to be dismissed in default as per order dated
11/04/2016. Now, defendant no.3 wants to withdraw the said amount.
As the suit is dismissed in default, defendant no.3 is entitled to get
amount of Rs.3,00,000/ with accrued interest. Report of Deputy
Registrar, PLA Section, Accounts Department dated 28/10/2021 shows
that amount of Rs.8,86,399/ is invested in fixed deposit. Hence, I pass
the following order :
ORDER
1. Misc. Application No. 24/2019 is made absolute in terms of
prayer clause (a).
2. Deputy Registrar, PLA Section, Accounts Department is
directed to pay amount of Rs.8,86,399/ (Rupees Eight
Lakhs Eightysix Thousand Three Hundred Ninetynine
Only) with accrued interest to defendant no.3 after
verifying his identity.
3. Proceeding of M.A.No. 24/19 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 29/07/2022. Mumbai.
1. Dictated online on : 29/07/2022.
2. Signed on : 29/07/2022.
3. Delivered to Certified :
Copy Section on
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M.A.No. 24/19 in Suit No. 6446/04. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/07/2022. 4.44 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 29/07/2022.
Judgment/Order signed by P.O. on 29/07/2022.
Judgment/Order uploaded on 30/07/2022.
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