1 Caf-2030.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2030 OF 2010 IN FIRST APPEAL NO.1469 OF 2009 Shekhar Sadanand Ghortane. .. Applicant Vs Smt. Savita Mahadeo Gaikwad & Ors. .. Respondents ­­ Shri Ketan Chotani i/by Shri M.G. Barve for the Applicant. Shri S.S. Salunkhe for Respondent Nos.1 to 5. Shri I.R. Kulkarni i/by Shri D.S. Joshi for Resondent No.6. ­­ CORAM : A.S.OKA, J. DATE : 19TH OCTOBER, 2010 P.C: . Perused the report of the Registrars ( Judicial­II and Judicial ­I ). 2. This Court repeatedly noticed that there is an inordinate delay in processing the applications for withdrawal of the amounts in terms of the orders passed by this Court. As a result of the delay, the litigants are prevented from enjoying the fruits of the litigation. The Registrar ( Judicial ­II) has submitted a detailed report after analysing the procedure followed by the Registry in processing the applications made by the parties and the Advocates for payment of amounts. Certain suggestions made in the report have to be accepted and appropriate directions will have to be 2 Caf-2030.10 issued to the Registry. The first part of the delay is a procedural delay with the registry. The second part of the delay is due to the practice followed of depositing all the amounts received by this Court with the Reserve Bank of India. The report of the Registry indicates that there is a delay in getting the amount back from the Reserve Bank of India. Therefore, the Registrar has sought directions as regards opening of Bank Account for the deposit of the amounts with any nationalized bank which can be operated by the Registrar General or any Registrar, so nominated, of this Court. The Registrar shall seek appropriate directions in that behalf from the Hon’ble the Chief Justice. 3. As far as the applications for withdrawal of the amounts are concerned, following directions are issued. (i) The applications/praecipes for withdrawal of the amounts must be accompanied by an authenticated copy of the order of the court which permits withdrawal of the amounts. If an authenticated copy of the order is not available, a certified copy thereof must be annexed to the applications/praecipes. Approximate calculation of the amount due and payable as per the order of the Court shall be incorporated in the praecipe. An advance stamped receipt shall be filed with the application/praecipe. 3 Caf-2030.10 The applications/praecipes shall be lodged with the Decree Department. The applications/praecipes which are not in order shall be forthwith returned by the Assistant Registrar to the Advocate or to the party concerned. (ii) The applications/praecipes shall be processed by the Decree Department as expeditiously as possible and in any event within a period of two weeks from the date of receipt of the applications/praecipes. The papers along with the applications/praecipes shall be forwarded to the Nazir’s Department within a period of two weeks from the date of receipt of the applications/praecipes which are complete in all respects. (iii) The Nazir’s Department on receipt of the applications/praecipes as well as record and proceedings shall issue cheques within a maximum period of two weeks from the receipt of the applications/praecipes by the said Department. (iv) For exceptional reasons recorded, the Registrar Judicial I/II shall be entitled to extend the period fixed under 4 Caf-2030.10 this order. 4. The Registrar ( Judicial ­ I and II ) will issue aforesaid directions to the Decree Department as well as to the office of the Nazir. 5. A copy of directions issued as aforesaid shall be sent to the Advocates’ Association for Western India with a request to convey the aforesaid instructions to its Members. 6. The Registrar (Judicial­I) will seek appropriate directions from the Hon’ble the Chief Justice as regards the opening of an account with the nationaised banks for depositing the litigants’ amounts for facilitating early and early withdrawal. 7. The report of the Registrar is accepted and the same is disposed of with the aforesaid directions. (A.S.OKA, J)