Mr. Gopal Shivram Ghatage And ORS. v. The State Of Maharashtra Through Collector Of Kolhapur
ssk 1/2 CA 3083 3084 3085 & 3086/15 in FA 1414 1416 1417 1418/14-15/4/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3083 OF 2015 IN FIRST APPEAL NO. 1414 OF 2014 Mr. Gopal Shivram Ghatage & anr.
...Applicants vs.
The State of Maharashtra and ors.
...Respondents
WITH CIVIL APPLICATION NO. 3084 OF 2015 IN FIRST APPEAL NO. 1416 OF 2014 Mr. Mohan Balkrishna Ghatge ...Applicant vs.
The State of Maharashtra and ors.
...Respondents
WITH CIVIL APPLICATION NO. 3085 OF 2015 IN FIRST APPEAL NO. 1418 OF 2014 Mr. Jaysing Vitthal Ghatge and anr.
...Applicants vs.
The State of Maharashtra and ors.
...Respondents
WITH CIVIL APPLICATION NO. 3086 OF 2015 IN FIRST APPEAL NO. 1419 OF 2014 Mr. Suresh Ganpatrao Ghatge & ors.
...Applicants vs.
The State of Maharashtra and ors.
...Respondents
Mr. Yuvraj P. Narvankar, Advocate for the applicants. Mr. A. R. Patil, Additional Government Pleader for the State.
ssk 2/2 CA 3083 3084 3085 & 3086/15 in FA 1414 1416 1417 1418/14-15/4/16 Coram : Smt. R. P. SondurBaldota, J.
Date : 15th April, 2016.
P.C.
These civil applications are by the respondents for permission to withdraw the amount of compensation deposited by the respondents/appellants in the reference Court. Mr. Narvankar, the learned advocate for the applicants submits that in the identical appeals which are pending before the Division Bench the claimants have been permitted to withdraw 75% of the amount deposited on furnishing of solvent surety / security to the satisfaction of the reference Court. The balance amount is directed to be placed in the fixed deposit in a natioalized bank. In my opinion, same order can be passed in the present civil applications also. Hence, the civil applications are disposed off with liberty to the applicants to withdraw 75% amount deposited in the reference Court on furnishing solvent surety / security to the satisfaction of the reference Court.
The balance amount may be invested in fixed deposit in any nationalized bank. As regards the dispute raised by the applicants regarding the correctness of the quantum of the compensation deposited in the reference Court the same is kept open since the applicants need to get the calculations made from the reference Court.
[Smt. R. P. SondurBaldota, J.]