Case Note & Summary
The case is a writ petition filed by Smt. Annapurna w/o. Shamrao Thaokar and another against the State of Maharashtra and others. The dispute involves an amount which the court considered necessary to secure. After hearing the advocates for the petitioners, the state, and an intervenor, the court directed the petitioners to deposit the entire amount in question before the court by the next date. The matter was adjourned to 24th January 2012. The judgment is an interim order and does not decide the merits of the case.
Headnote
A) Civil Procedure - Interim Order - Deposit of Amount - Court directed petitioners to deposit entire amount in question before the Court by next date - Held that considering the dispute involved, such direction is necessary to secure the subject matter (Para 1).
Issue of Consideration
Whether the petitioners should be directed to deposit the amount in question pending disposal of the writ petition.
Final Decision
The court directed the petitioners to deposit the entire amount in question before the court by the next date. The matter was placed on 24th January 2012.
Law Points
- Interim order
- deposit of amount
- writ jurisdiction
Case Details
2012 LawText (BOM) (06) 100
Writ Petition No.434 of 2009
P. B. Majmudar, A. P. Bhangale
Mr. H.B. Gaikwad for petitioners, Mr. D.P. Thakare, A.G.P. for respondent nos. 1 to 3, Mr. A.S. Sonare for intervenor
Smt. Annapurna w/o. Shamrao Thaokar and anr.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India
Filing Reason
Dispute involving an amount
Issues
Whether the petitioners should be directed to deposit the amount in question pending disposal of the writ petition.
Submissions/Arguments
Heard Mr. H.B. Gaikwad for petitioners, Mr. D.P. Thakare for respondent nos. 1 to 3, Mr. A.S. Sonare for intervenor.
Ratio Decidendi
Considering the dispute involved in the matter, the petitioners are directed to deposit the entire amount in question before this Court by the next date.
Judgment Excerpts
Considering the dispute involved in the matter, the petitioners are directed to deposit the entire amount in question before this Court by the next date.
Procedural History
The matter was heard on 19/01/2012 and an interim order was passed directing deposit of amount and adjourning to 24/01/2012.
