Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt: 02.01.2020
NM 2422/18 in
SUIT 4397/05
...NM 2422/18
in
SUIT 4397/05
CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
Adv. Rajesh Patil for plaintiff present.
Adv. Ankita Sharma for JD.
ORDER:
The NM 2416/18 and NM 2422/18 have been filed by
Judgment debtor Lalitaben requesting for refund of excess
amount deducted from salary of respondent No.2. The
respondent No.1 BMC has filed reply in both the notices.
The advocate for DH is present today also. He made a
statement at bar that the DH has already received the
whole recoverable amount and the decree has been already
satisfied. He has no objection to refund the excess amount
to the respondent No.2 as per the reply of BMC. Vide para
4 of reply BMC admitted that,
1. Amount of Rs.1,42,181.43/ in NM 2416/18 in
Execution application 938/13, and
2. Amount of Rs.2,10,587/ in NM 2422/18 in Execution
application 941/13,
have been recovered in excess from the salary of
respondent No.2. The salary slips of respondent No.2 are
produced on record which reveal that till October 2018 the
amount has been deducted from salary of respondent No.2.
In total amount of Rs.5,43,000/ has been deducted from
the salary of respondent No.2 whereas the total due and
payable amount by the JD was Rs.1,90,231.57/. Thus, it is
clear that in total amount of Rs.3,52,768/ has been
deducted in excess from the salary of respondent No.2.
Resultantly, the respondent No.2 is entitled to refund of the
said amount.
Hence, 1. Amount of Rs.1,42,181/ (Rupees One Lakh
Forty Two Thousand One Hundred and Eighty One only) in
NM 2416/18 in Execution application 938/13, and
2. Amount of Rs.2,10,587/ (Rupees Two Lakh Ten
Thousand Five Hundred and Eighty Seven Only) in NM
2422/18 in Execution application 941/13,
be refunded to respondent No.2.
Judge
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