Shri. Arun Pandurang Patil (Since Deceased) Thr. Lrs. Smt. Sandhya A. Patiland ORS. v. The Executive Engineer

p7-caf-183-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.183 OF 2017 IN FIRST APPEAL NO.1194 OF 2014 Shri.Arun Pandurang Patil (Since Deceased) Thr. Lrs.

Smt.Sandhya A. Patil & Ors.

...Applicants

IN THE MATTER BETWEEN :

The Executive Engineer ...Appellant

Versus

1. Shri.Aurn Pandurang Patil & Ors.

...Respondents

---- Mr.T.S. Ingale for the Applicants/Appellants. Mr.V.S. Tadke h/f Mr.D.D. Shinde for the Respondents. ---- CORAM : M. S. SONAK, J.

DATE : 27 MARCH 2017 P.C.

1.

Upon production, taken on board.

2.

The delay in deposit of compensation amount, on the part of the MKVDC is condoned. The Reference Court to accept the deposit as if the same was made within a prescribed period. 3.

The applicants are permitted to withdraw 50% of the N.S. Kamble page 1 of 2

p7-caf-183-2017 compensation amount after furnishing an undertaking to the Reference Court that they shall bring back this amount together with interest in case, the appeal instituted by MKVDC, i.e. the acquiring body, is allowed. In respect of the balance compensation, however, in case, the applicants seek to withdraw the same, the same shall be allowed, against the bank guarantee of a Nationalized Bank. Such bank guarantee should be to the satisfaction of the Reference Court and further, the bank guarantee is to be kept alive until the disposal of the appeal.

4.

In case the Reference Court has not already made orders for investment of the amount, the same may be made, so that deposited amount earns some interest. The Civil Application is disposed of.

(M. S. SONAK, J.) N.S. Kamble page 2 of 2