Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM-4621-2019 in SU-1464-2016
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.4621 OF 2019
(CNR No.MHCC01-012697-2019)
IN
SUIT NO.1464 OF 2016.
(CNR No.MHCC01-006502-2016)
Shankar Vitthal Shinde(deceased) }
Through his legal heirs }
1. Vaishali Ajit Pawar }
2. Shantabai Vitthal Shinde }...PLAINTIFFS.
Versus
Uday Vitthal Shinde }...DEFENDANT.
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Shri.Sanjay Prabhu, learned advocate for the plaintiffs.
Shri.Jayant Gaikwad, learned advocate for defendant.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62)
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O R A L O R D E R
(Delivered on 21/04/2022)
1. By filing this Notice of Motion, plaintiffs have claimed the
following relief.
a) This Hon’ble Court be pleased to permit the plaintiffs
to withdraw the amount deposited by the defendant as per order
dated 21/12/2017 passed by this Hon’ble Court in the above suit.
2. Read the affidavit filed in support of Notice of Motion and
affidavit in reply filed by the defendant. Heard learned Shri.Sanjay
Prabhu advocate for the plaintiff and learned Shri.Jayant Gaikwad
advocate for the defendant. Perused the entire record.
3. Admittedly, as per order dtd.21/12/2017 passed in the
Roznama, defendant is directed to pay Rs.15,000/- per month from the
date of the filing of suit pending hearing of the Notice of Motion
No.3491/2017. Further direction is given to the defendant to deposit
arrears within two months. Report of the Dy.Registrar of the Accounts
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Department of the Court is received which shows that defendant has
deposited Rs.2,55,000/- in the court and said amount has been invested
in Overseas Bank by the Office of the Court on 19/3/2018. Said amount
alongwith accrued interest is thus lying in the court.
4. Interim order dtd.21/12/2017 mentioned above suggests
that defendant is directed to pay the amount which means that the
amount is directed to be paid to the plaintiffs. By filing this Notice of
Motion, plaintiffs have requested to permit them to withdraw the said
amount. Learned advocate for the defendant submitted that if plaintiffs
are ready to give undertaking that they will deposit the amount back in
the court if claimed by anybody else having rights over it, then by
passing conditional order, plaintiff may be allowed to withdraw said
amount. Learned advocate for the plaintiff submitted that said condition
may be imposed. In view of the arguments of learned advocates for the
defendant and the plaintiff, I am inclined to accept the prayer made in
this Notice of Motion. Thus, an order.
O R D E R
Notice of Motion No.4621 of 2019 is allowed as under.
Plaintiffs are permitted to withdraw the amount of
Rs.2,55,000/- (Rupees Two Lakh Fifty Five Thousand only)
deposited in court by the defendant alongwith interest accrued
thereon on filing undertakings by the plaintiffs that they will
deposit back the said amount in court if directed by the court.
Said amount be given to the plaintiffs as per rules on due
identification and verification.
Date : 21/04/2022. (P.P.RAJVAIDYA)
Dictated on : 21/04/2022. Judge, C.R.No.62,
Checked on : 21/04/2022. City Civil Court,
Signed on : 21/04/2022. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
25/04/2022 at 2.40 p.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.62)
Date of pronouncement of Order 21/04/2022
Order signed by P.O. on 21/04/2022
Order uploaded on 25/04/2022
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