1 caf3282-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3282 OF 2011 IN FIRST APPEAL NO. 928 OF 2006 Pradeep Ganpatrao Tawade since deceased Madhuri Pradeep Tawde .. Applicant (Org. Respondent No.1) v/s. Mr.Jayant Shridhar Borkar & Anr. ..Respondents Mr.Suresh Gole for the Applicant Mr.Amol Mhatre for the Respondent No.1 CORAM : A.V.NIRGUDE, J. DATED : 20th December, 2011 P.C. : 1. Heard. Technically, the respondent has not made default in depositing the society charges. Unfortunately, the amount he deposited towards society outgoings did not reach the society. So the society has now raised a bill of arrears including interest on default amount. Both the parties apparently committed an error in not making an application to the City Civil Court for ensuring that the amount deposited in the court as society outgoing should reach the society. The amount so deposited for last five years or so is 2 caf3282-11.sxw accumulated in the court and it seems since the same is invested in fixed deposit of nationalized bank, it might have accrued some interest also. The amount at the rate of Rs.400/- from February 2006 till December 2011, along with interest shall be sent to the Society. 2. The Registrar of the City Civil Court, Bombay is directed to withdraw this amount from the bank and hand it over to Smt. Madhuri Pradeep Tawde, and she shall than deposit this amount immediately within one week to the society and obtain receipt for the same. In case, the society demands interest on the amount, the same shall be shared by both the appellant and the respondent in equal share. 3. The Registrar of the City Civil Court is further directed to pay the amount which was earlier paid to Pradeep Ganpatrao Tawde, to his wife Madhuri Pradeep Tawde. The application is disposed of. 4. Registrar, City Civil Court, shall act on the authenticated copy of this order. [A.V.NIRGUDE J.]