1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 16663 OF 2010 IN FIRST APPEAL NO.: 284 OF 2006 Syed Zameer Syed Bashir Versus Municipal Corporation Aurangabad through Commissioner and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CA NO. 16663/2010 CIVIL APPLICATION NO.: 16663 OF 2010 IN FIRST APPEAL NO.: 284 OF 2006 *** Syed Zameer Syed Bashir Versus Municipal Corporation Aurangabad through Commissioner and another. *** Mr. H. A. Joshi, Advocate for the Applicant. Mrs. Manjusha Deshpande, Advocate for Respondent Nos.1 and 2. *** CORAM: K. U. CHANDIWAL, J. DATED: 9th DECEMBER, 2010. 1. Heard. A request is made by original plaintiff to expedite the first appeal No.284 of 2006 or in the alternate to allow him to withdraw amount of Rs.50,000/- with accrued interest, lying in this Court. 2. The matter revolves to a decree for Rs. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 16663 OF 2010 IN FIRST APPEAL NO.: 284 OF 2006 Syed Zameer Syed Bashir Versus Municipal Corporation Aurangabad through Commissioner and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CA NO. 16663/2010 1,59,750/- with interest at 18% p.a. Dated 2nd September, 2004 in favour of the applicant/ plaintiff. Learned counsel representing municipal corporation submits that it is not a recovery for the works performed by the plaintiff but the matter revolves to claim of damages, raised by the plaintiff/ applicant. 3. Inspite of the above odd referred by the learned counsel for the corporation, however, since there is a decree, even if it is stayed, the release in favour of the plaintiff/ applicant can be on conditions. Hence order. 4. The amount of Rs.50,000/- [excluding interest] be paid to the plaintiff/ applicant on his furnishing a surety to the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.: 16663 OF 2010 IN FIRST APPEAL NO.: 284 OF 2006 Syed Zameer Syed Bashir Versus Municipal Corporation Aurangabad through Commissioner and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CA NO. 16663/2010 satisfaction of learned Registrar of this Court. Application allowed to the extent as above. [K. U. CHANDIWAL, J.] Dated:09/12/2010. ans/16663