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Bombay High CourtCAF/1801/2016disposed off

Sanghavi Constructions Partner-Mr. Sanjay Walchand Sanghavi v. The State Of Maharashtra Through Sub-Divisional Officer And ANR.

2016-07-12Hon'Ble Shri Justice R.M. Savant.2 pages

(8)-CAF-1801-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1801 OF 2016 IN FIRST APPEAL NO.1116 OF 2016 Sanghavi Constructions .. Applicant

IN THE MATTER BETWEEN

The State of Maharashtra and another .. Appellants

Versus

Sanghavi Constructions .. Respondent Mr. T. D. Deshmukh a/w Mr. Ritesh Kulkarni for the Applicant. Mr. A. R. Patil, AGP for the Respondent State. CORAM : R.M. SAVANT, J.

DATE : 12th JULY 2016 P.C.

1.

The above Civil Application has been filed for withdrawal of the amount deposited by the State in the Reference Court. It seems that in the First Appeals filed by the State in respect of the Award passed by the Reference Court in respect of the lands covered by the same notification which First Appeals are before the Division Bench in view of the pecuniary jurisdiction, the Division Bench has by order dated 26.11.2015 passed in Civil Application No.2650 of 2015 and another Division Bench by order BGP.

(8)-CAF-1801-16.doc dated 27.07.2015 passed in Civil Application No.361 of 2015 has permitted withdrawal subject to the Applicants/Claimants furnishing adequate security to the satisfaction of the Reference Court. The Division Benches have also ordered that the State shall be heard by the Reference Court before accepting the security.

In my view, the above Civil Application can also be allowed in the same terms as the order passed passed by the Division Benches of this Court. Hence, the above Civil Application is allowed subject to the following directions :- I) The Applicant/Claimant is permitted to withdraw the amount deposited by the State in the Reference Court by furnishing security for the amount withdrawn to the satisfaction of the Reference Court.

II) The State would be entitled to be heard before acceptance of the security.

III) With the aforesaid directions the Civil Application is disposed of.

[R.M. SAVANT, J] BGP.