1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.2022 OF 2008. IN WRIT PETITION NO.3231 OF 1997 (DECIDED) M/S KETAN CONSULTANTS PRIVATE LIMITED VS CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASNTRA AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Nilesh Adve, Advocate for the applicant. Mrs. A. Jaishree Rao, Advocate for R-2 & R-3 a to e. CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 18th DECEMBER, 2009. 1. This is an application by the original writ petitioner for withdrawal of amount of Rs.1,00,000/- pending in this Court. 2. This amount had remained pending because this Court had allowed withdrawal of amount of Rs.11,00,000/- out of Rs.12 lakhs. 3. Admittedly, the order under challenge had attained the finality. 4. The execution was also filed. The execution petition was disposed of in view of deposit of amount in this Court which by itself amounts to consent for permitting the original claimant to withdraw the amount of Rs.12 lakhs. 5. Had the applicant in Civil Application No.2022 2 of 2008 objected the disposal of execution petition, it would have been open to the applicant to object the payment, and executing Court could have gone into the merits thereof as to satisfaction of the execution etc. 6. Now, therefore, the applicant is estopped from objecting claimant’s entitlement to receive the amount. 7. The present application has no merit and is rejected. 8. The respondents no.2 & 3 are permitted to withdraw the amount of Rs.1,00,000/- (Rupees one lakh only) along with the accruals thereon. JUDGE JUDGE |Muley|