Smt. Reema W/O Kamlesh Nagpal And ... vs Shraddha Distributers Pvt. Ltd. ...
2021 Latest Caselaw 14937 Bom

Order                                                                                            4 sa 612-2018
                                                        1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                          CIVIL APPLICATION (CAS) NO.658/2021
                                           IN
                              SECOND APPEAL NO.612/2018
                            Smt. Reema w/o Kamlesh Nagpal and another
                                                 Vs.
                           Shraddha Industries Private Limited 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 Mayank M. Agnihotri, Advocate for appellants.
                                             Shri A.A. Naik, Advocate for respondents.

                                             CORAM : S.M. MODAK, J.
                                             DATE : OCTOBER 12, 2021.


                                             Heard both the sides.

                          2.                 Both the parties have settled the dispute outside
                          the Court. The appellants do not want to prosecute the appeal
                          any more. The appellants are the original plaintiffs/the
                          purchasers. Their suit for specific performance was decreed.
                          The      appellants-plaintiffs            were    directed            to   deposit
                          Rs.11,00,000/- towards balance consideration. The appellants
                          have deposited that amount before the Trial Court.

                          3.                 In       an      appeal        filed          by        present
                          respondents/defendants, the judgment of the Trial Court is
                          set aside and suit came to be dismissed. Still appellants claim
                          that they have not withdrawn that amount. Now they do not
                          want          to        prosecute   the      appeal       any     more.        The
                          respondents/defendants have also consented for withdrawal
                          of the appeal and for withdrawal of the amount by filing a




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 Order                                                                            4 sa 612-2018
                                            2

                      pursis dated 02/09/2021 attached to the application. In view
                      of that the following order is passed.


                                                   ORDER

i) The appeal stands disposed of as withdrawn.

ii) The Civil Judge, Senior Division, Nagpur is directed to refund an amount of Rs.11,00,000/- along with the interest accrued thereon by transferring that amount to the Bank account of appellant no.1- Smt Reema w/o Kamlesh Nagpal on furnishing bank details and the consent letter of appellant no.2.

iii) This order of payment is based on the assumption that the amount sent is already withdrawn.

4. Civil Application is disposed of and Second Appeal is disposed of.

JUDGE

R.S. Sahare