This application has been filed with the following prayers:
"11(A) Your Lordship maybe pleased to admit / allow the present application, in the interest of justice;
(B) Be pleased to direct the Registry to allow the applicant to withdraw of Deposit Amount Rupees 24,81,500-00 accrued with interest, after due verification and getting discharge in respect thereof, in the interest of justice;
(C) Be pleased to direct the respondent bank to release the amount of rupees 24,81,500-00 as per the order passed by the Honourable High Court and Apex Court;
(D) Any other and further relief/s may be granted as it deemed fit, in the interest of justice."
There is no dispute regarding the fact that the respondent Bank had deposited various amounts, as per the statement and receipts that have been tendered by Mr. Darshan Parikh, learned advocate for the respondent Bank. The statement and receipts whereof is taken on record.
As per the statement, the respondent Bank had deposited a total amount of Rs.41,32,354/- towards undisputed amount and a total amount of Rs.3,62,308/- with respect to 5 different petitioners of 5 different petitions. Out of the total amounts of Rs.41,32,354/- an amount of Rs.24,81,417/- was deposited towards the undisputed amount payable to the applicant herein along with an amount of Rs.2,17,577/- towards interest thereon.
Learned advocate for the respective parties have drawn attention of this Court to order dated 16/10/2000 passed by the Supreme Court in Civil Appeal No. 5890 and 5931 of 2000, the operative part whereof is reproduced herein below.
"It is stated that some disputed amounts have been deposited in the Court. It will be open to the claimants to file appropriate applications before the Court and withdraw the same.
LPAs be heard early by the High Court if possible."
Learned advocate for the respondent Bank states that the Bank has no objection if these undisputed amounts are permitted to be withdrawn by the original depositors, subject to the conditions contained in the order dated 28/6/2000 passed in Letters Patent Appeal No. 184 of 2000, in view of the order dated 16/10/2000 of the Supreme Court.
Mr.
P.M. Darji, learned advocate for the applicant submits that the applicant is an original depositor and the amount sought to be withdrawn is not disputed.
In light of the above, the following order is passed:
The Registry is directed to pay the amount of Rs.24,81,417/- deposited towards the undisputed amount payable to the applicant herein along with an amount of Rs.2,17,577/- towards interest thereon, which were deposited by the respondent Bank as the said amounts pertain to the applicant as shown in the statement that has been taken on record by this Court, a copy of which shall also be produced before the Registry by the learned advocate for the applicant. Registry shall release the amount after due and proper verification and after getting a valid discharge in respect thereof.
This Misc. Civil Application is disposed of in the above terms. Notice discharged. No costs. Direct service permitted.
[ S.R. BRAHMBHATT, J ] /vgn Top