Mr. Shivram Dhondiba Shinde v. State Of Maharashtra (Special Land Acquisition Officer No. 13) Pune

CAF-2847-16-(11)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2847 OF 2016 IN CIVIL APPLICATION NO.3625 OF 2014 IN FIRST APPEAL NO. 1890 OF 2009 Shivam Dhondiba Shinde ..Applicant Vs.

State of Maharashtra & Ors.

..Respondents Mr. Subhash Jha a/w Ms Rushita Jain i/b Law Global for the Applicant Mr. A. R. Patil AGP for State Mr. Abhijit Singh i/b Mrs. P. H. Potnis for the Respondents CORAM :

R. M. SAVANT, J.

DATE :

21st JULY, 2016 P.C.

The above Civil Application has been filed for variation / modification of the order dated 29-10-2014 passed in Civil Application No.3625 of 2014. By the said order the Applicant is permitted to withdraw the amount of Rs.5,91,959/- out of which 50% is by furnishing bank guarantee. The modification sought is of waiving away with the condition mentioned in the said order of furnishing bank guarantee for withdrawal of the said 50% of the amount. It is the case of the Applicant that he is not in a position to furnish a bank guarantee. In my view the interest of justice would be served if the instead of directing the Applicant to furnish the bank guarantee, the Applicant is permitted to withdraw 50% of the amount of Rs.5,91,959/- by furnishing mmj

CAF-2847-16-(11) security to the satisfaction of the Trial Court i.e. the Court of the Learned Additional District Judge, Pune. The State would be heard by the concerned court prior to accepting the security. The Civil Application is disposed of. [R.M.SAVANT, J] mmj