LAWS(MPH)-2010-8-26

MEHMOODA BAI Vs. CENTRAL BANK OF INDIA

Decided On August 05, 2010
MEHMOODA BAI Appellant
V/S
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has sought following reliefs :-

(2.) THE petitioner has also challenged order dated 14.9.2009 passed by the First Addl. District Judge, Bhopal in execution Case No.40A-89/04-07 by which the Addl. District Judge declined to make payment of Rs.62,652/- to the petitioner decree holder.

(3.) LEARNED counsel appearing for the Bank submitted that as per the order passed by this Court, respondents No.1 to 3 duly deposited the amount in the Court of which a receipt has been issued in favour of the respondents on 5.5.2009 bearing No.67 CCD 206. After deposit of the amount, the respondents were absolved from the liability of deposit of the amount. The respondents have no concern whether the amount which was deposited with the Nazir of which due receipt was issued to the Bank, was transmitted to the Treasury or not. It is further submitted that respondents No. 1 to 3 are not liable for the payment of the aforesaid amount which was already deposited by them in the Court.