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Court Order

Final Order 1

CNR MHCC01003545201805 Aug 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 05 Aug 2024 · CNR MHCC010035452018

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IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
Case No. :MISC APPLICATION/0100014/2018
M/s. K Patel Metal Industries Pvt Ltd Vs Neel Control Unit And Ors
Date : 05-08-2024
Business : None present. Kept back. L.O. at 12.30 pm. Adv. N.S.
Cheripalli present for Decree Holder, tendered application
for withdrawal of amount TOR marked as Exh.11. None
present for Respondent. Heard. It appears that as per the
deposited certificate an amount of Rs.9,25,651/- is lying
with the PLA department and same is invested in the Union
Bank of India. The writ petition filed by Judgment Debtor
bearing No.11204/17 came to be dismissed. Thus, the
Decree Holder are entitled to withdraw the amount
deposited. Hence, I proceed to pass following order- Order
1. Application Exh.11 stands allowed. 2. The Decree Holder
are permitted to withdraw the amount deposited with the
PLA Department as per rule. The Decree Holder also
tendered an application for releasing of bank guarantee TOR
marked as Exh.12. Heard. It appears that as per the order
dated 31-10-2017, the Decree Holder was directed to give
bank guarantee of Rs.170000 to be remained enforce for 2
years. Much period has already laps even after expiry of
period of bank guarantee, considering the facts that the writ
petition filed by Judgment Debtor bearing No.11204/17
came to be dismissed, I proceed to pass following order-
Order 1. Application Exh.12 stands allowed. 2. Bank
guarantee submitted as per order in rozama dated 31-10-
2017 stands released. The Decree Holder tendered pursis
TOR marked as Exh.13. The purpose of filing Execution and
M.A. is served. The Decree Holder do not want proceed
with the execution and M.A., hence, Execution No.523/15
and M.A. No.14/2018 stands disposed off in full
satisfaction. Record and proceeding of execution be sent to
execution department and recording proceeding of M.A. be
sent to the Record Department. Execution Proceeding
removed from board.
Nature of Disposal : OTHERWISE
Disposal Date : 05-08-2024
COURT 84 ADDL SESSIONS JUDGE
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