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Bombay High CourtCAF/1717/2015disposed off

Shri. Gangaram Budhya Thakur (Since Deceased Through Its Legal Heirs) Smt. Ulka Gangaram Thakur v. The State Of Maharashtra Throgh The Special Land Acquistion Officer

2015-06-08Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1717 OF 2015 IN FIRST APPEAL NO.170 OF 2014 Shri. Gangaram Budhya Thakur (deceased) through legal heirs Smt. Ulka Gangaram Thakur ... Applicant In the matter between The State of Maharashtra ... Appellant Vs.

Shri. Gangaram Budhya Thakur (deceased) through legal heirs ... Respondent Mr. Shriram S. Kulkarni, for the Applicant.

Mr. A.R. Patil, AGP, for the Respondent - State. CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 8th JUNE, 2015 P.C.

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Heard the learned counsel appearing for the Applicant and the learned AGP representing the State. The compensation amount in terms of impugned Award has been deposited. Therefore, we dispose of the application by passing the following order :-

ORDER

(i) It will be open for the Respondent in the First Appeal to withdraw the compensation amount deposited with the

reference Court subject to furnishing adequate security for the entire amount to the satisfaction of the reference Court. Before accepting the security, the reference Court shall hear the Appellant - State of Maharashtra; (ii) On failure of the Respondent in the First Appeal to furnish security within a period of four months from the date on which writ of this order is received by the reference Court, the entire amount deposited by the State shall be invested in Fixed Deposit with any Nationalised Bank till the disposal of the Appeal; (iii) Application is disposed of on above terms; (REVATI MOHITE DERE, J ) (A.S. OKA, J )