1 c.a.2154.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2154 OF 2011 IN REJECTED CASE NO. 1641 OF 2010 IN SECOND APPEAL STAMP NO.24302 OF 2009 [The State of Maharashtra and another Vs. M/s M.R.Penta and sons, A Firm] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.B.J.Sonwane,AGP for applicants. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 10th FEBRUARY, 2011. PER COURT : 1. Heard Mr. Sonwane, learned AGP for applicants. 2. Leave to correct, granted. 3. This is an application preferred by the applicants requesting that the decreetal amount of Rs.4,03,080/-(Rupees Four Lacs Three Thousand Eighty) deposited in this Court on 26th March, 2010 may be remitted in Special Darkhast 2 c.a.2154.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders No.163 of 2009, pending before the Civil Judge Senior Division, Ahmednagar. 4. The applicants contended that present Second Appeal under Stamp Number with Civil Application for condonation of delay bearing No. 12649 of 2009 was rejected on 01st October, 2010. It is also contended that, as per the Court order the applicants have deposited decreetal amount with interest amounting to Rs.4,03,080/-(Rupees Four Lacs Three Thousand Eighty) on 26th March, 2010. 5. Respondent has filed Civil Application No. 10056 of 2010 for withdrawal of the said amount. The said Application was disposed of on 01st October, 2010 as does not survive. 6. However, it is contention of the applicants that in both Civil Applications the Court has not given any specific direction in respect of amount deposited by the applicants. The Applicants contended that Special Darkhast No.163 of 2009 is filed by the decree holder and same is pending before 3 c.a.2154.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the trial Court. After rejection of the application original decree holder is pressing hard to execute the decree and the matter is kept for order today i.e. on 10th February, 2011 and to avoid warrant of attachment, it is necessary to deposit the amount in trial Court in Special Darkhast No.163 of 2009. Hence, present application. 7. Considering the contents of the application, application is granted in terms of prayer clause [B] of the same and application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK