1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (F) No. 883/2009 in F.A.No. 732/2006 Shri Chandrashekhar Buddhu Nanhet vs. Smt. Rama w/o Chandrashekhar Nanhet and another.. --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Vijay Patait, Adv. for the appellant. Mrs. Kataria, Adv. for respondents. CORAM : A.P. LAVANDE & A.B.CHAUDHARI, JJ. DATED : 31st JULY, 2009. Undisputably, the balance amount that is under investment is Rs. 1.40 lacs. This application for modification has been filed by both the respondents viz. wife of the appellant and his daughter. The request for withdrawal of the entire amount has been made by the counsel for the respondents Mrs. Kataria on the ground that money is required for marriage of Hemlata. 2. Having heard the learned counsel for the rival parties, we do not think that the respondents can be allowed to withdraw the entire amount lest this appeal should become infructuous. However, in para no.3 of the application itself it is stated that marriage expenses would be an amount of Rs. 1 lac. We are, therefore, inclined to make the following order. i) The respondents together are allowed to withdraw an amount of Rs. 1 lac from the amount i.e. invested with the Nationalised Bank by the Family Court upon both the respondents separately furnishing usual undertaking in the present appeal that in case occasion arises for refund of the said money, they would do so within eight weeks from the 2 Judgment of this court in this First Appeal. ii) The balance amount shall be invested till disposal of the appeal. It is made clear that hereafter respondents shall not be entitled to apply for withdrawal of any amount as this is second occasion on which the amount is being allowed to be withdrawn and that the balance amount which remains is only Rs. 40,000/-.. iii) The Family Court shall take care in obtaining acknowledgment from both the respondents for receipt of the amount of Rs. 1 lac and place it on record. Civil Application is accordingly disposed of. JUDGE JUDGE Civil Application No. 295/2009: In view of the order passed in C.A.No. 883/2009, this application is disposed of. JUDGE JUDGE patle.