1 c.a.7595.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7595 OF 2010 IN FIRST APPEAL NO.1723 OF 2008 [Maharashtra State Power Generation Company Ltd. Parli(V) Vs. Subhash Rajaram Chavan and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.S.Choudhari,Advocate for Applicant. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 25TH FEBRUARY, 2011. PER COURT : 1. Heard Mr. Choudhari,learned counsel for applicant. 2. Applicant submits that applicant- appellant had preferred First Appeal No. 1723 of 2003 challenging the Judgment and Award dated 11th February, 2008 rendered by Motor Accident Claims Tribunal at Ambajogai. Accordingly, the applicant-appellant had deposited an amount of Rs. 25,000/-(Rupees Twenty Five Thousand) i.e. statutory amount at the 2 c.a.7595.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders time of filing of Appeal. However, the said First Appeal dismissed on 06th May, 2008 and it was directed to refund the said amount of Rs. 25,000/-(Rupees Twenty Five Thousand) to the appellant, deposited by the applicant-appellant in this Court. The copy thereof is annexed as Exhibit A-1. 3. Applicant submits that pursuant to the said order an amount of Rs.25,000/- (Rupees Twenty Five Thousand) and Rs.1109/-(Rupees One Thousand One Hundred and Nine) towards interest were refunded to the applicant-appellant vide cheques bearing No. 889707 and Cheque No. 889708 dated 27th February, 2009 respectively. The copies thereof are annexed at Exhibit A-2 collectively. In fact the said cheques were required to be deposited in the bank within a period of three months. However, said cheques were misplaced and they could not be presented in the bank within the prescribed time. Consequently, the said amount of Rs. 25,000/-(Rupees Twenty Five Thousand) and Rs. 1109/- (Rupees One Thousand One Hundred and Nine) could not be withdrawn by the 3 c.a.7595.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders applicant-appellant. Hence, applicant- appellant prayed that fresh cheques of amount of Rs. 25,000/-(Rupees Twenty Five Thousand) and Rs.1109/-(Rupees One Thousand One Hundred and Nine) be issued to the applicant-appellant and the interest accrued thereon. 4. In the light of the aforesaid facts, application is allowed in terms of prayer clause [B] thereof and same stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK