Mahadev Janardhan Mahajan Since Deceased Thr. Lrs. v. The State Of Maharashtra (Through The Special Land Acquisition Officer) Raigad.

910.ia.1214.2022.doc Chaitali Ekke

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1214 OF 2022 IN FIRST APPEAL NO. 1316 OF 2014 Mahadev Janardhan Mahajan (since deceased) Thr. LRS. And Ors.

...

Applicants / Org. Respondents In the matter between The State of Maharashtra Thr. Special Land Acquisition Officer, Raigad ...Appellant

Versus

Mahadev Janardhan Mahajan (since deceased) Thr. LRS. And Ors.

...Respondents

....

Mr. Mandar Limaye, Advocate for Applicants.

Mr. A.R. Patil, AGP for Appellant.

....

CORAM

: K. R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 3rd March 2023 P.C.:

This Application is to permit Applicants to withdraw the accrued interest with respect to 30% amount, which Applicant was permitted to withdraw vide order dated 06.03.2020. Mr. Limaye states that pursuant to the order of 06.03.2020 the Trial Court has permitted withdrawal of 30% of the amount deposited by the State, but has not granted withdrawal of the accrued interest since the order dated 06.03.2020 is silent in that regard. Having considered the facts and circumstances of the case, in our view, when the court granted

910.ia.1214.2022.doc withdrawal of 30% of the amount deposited, the court perhaps missed to include the words "together with accumulated interest on the said 30%". Ordered accordingly.

Trial Court to permit withdrawal of the interest component on the said 30% against furnishing undertaking / indemnity to the satisfaction of the said court.

Application disposed.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)