2207cao605.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. C.A.O. NO.605 OF 2011 IN C.A. NO.727 OF 2011 IN WRIT PETITION NO.2125 OF 2006 Dinkar Gajanan Toal VERSUS Central India Institute of Medical Science and another ................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................ CORAM : R. K.DESHPANDE, J. DATE : 22. JULY, 2011. This application is for modification of the order dated 1.4.2011 passed by this Court on Civil Application No.727 of 2011. By an order dated 1.4.2011, this Court had modified the judgment and order dated 7.1.2011 passed by this Court. In the judgment dated 7.1.2011, the statement was recorded that an amount of Rs.73,500/- has been withdrawn by the respondents on 26.10.2007 after furnishing Solvent Security to the extent of Rs.1,00,000/-. This Court had further directed that the .....2/- 2207cao605.11.odt 2 Solvent Security furnished by the respondents in this Court be transmitted to the National Consumer Disputes Redressal Commission, New Delhi, immediately and the same was to remain with the Commission, till appropriate orders are passed upon the decision of the application to be filed by the petitioners for restoration of appeal. By Civil Application No.727 of 2011, it was pointed out that the respondents had not withdrawn the amount of Rs.73,500/-, but it has lying in the deposit with this Court. Hence, the order was modified to the effect that the deposit lying with this Court of Rs.73,500/- along with interest accrued thereon be transmitted to the National Consumer Disputes Redressal Commission, New Delhi. Thereafter, the Civil Application No.605 of 2011 was filed for modification of the order dated 1.4.2011 passed on Civil Application No.727 of 2011, along with this application in which the statement was made before this Court that the matter is likely to be .....3/- 2207cao605.11.odt 3 settled and hence, the order passed by this Court directing the transfer of the amount to the National Consumer Disputes Redressal Commission, New Delhi, be stayed. Accordingly, on 26.4.2011 this Court had passed an order directing the office not to remit an amount of Rs.73,500/- along with interest to the said Commission, till further orders. The parties have filed on record a compromise Pursis duly signed by them and by the Counsels. The learned Counsels appearing for the parties, identify the signatures of their clients on the Pursis. A compromise Pursis is marked as “X” for identification. In view of the aforesaid compromise Pursis, the judgment and order dated 7.1.2011 passed by this Court in Writ Petition No.2125 of 2006 and in Writ Petition No.2050 of 2006, is recalled and the matter is disposed of in terms of compromise Pursis dated 13.7.2011 (marked as “X” for identification). Shri Dinkar Gajanan Toal is permitted to withdraw an amount of .....4/- 2207cao605.11.odt 4 Rs.73,500/- along with interest accrued thereon. No costs. JUDGE BrWankhede ...../-