1 FARAD CONTINUATION SHEET NO. ____________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9787 OF 2009 IN FIRST APPEAL NO. 209 OF 2009 ------------------------------------------------------------------------------------------------------------ Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order ----------------------------------------------------------------------------------------------------------------------------------- CORAM: R.M.BORDE, J. DATE : 9th October, 2009 1 This is an application seeking withdrawal of amount of Rs.1,14,115/- deposited by the respondent in this court. 2 Applicant is landlord whereas respondent is tenant in occupation of the suit premises. Landlord presented suit claiming recovery of arrears of rent amounting to Rs.2,24,000/- alongwith interest at the rate of 15% per annum. Trial court after considering the evidence, granted decree in respect of recovery of amount of Rs.2,06,000/- alongwith interest. It transpires that an amount of Rs.1,12,000/- was deposited in the lower court which has already been withdrawn by the landlord whereas the tenant has deposited the balance of amount payable towards rent in this court alongwith interest. As the tenant is in occupationof the 2 premises and the amount deposited is towards rent of the premises, landlord is entitled to withdraw the amount. In this view of the matter, application is allowed. Amount deposited by the respondent / tenant in this court is permitted to be withdrawn by the applicant. Civil application stands disposed of. (R.M.BORDE) JUDGE dyb/ca9787.09.odt