Shri. Gangaram Mahadeo Gavas v. The State Of Maharashtra (The Special Land Acquisition Officer)

skc 921-CAF-478-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 478 OF 2017 IN FIRST APPEAL NO. 868 OF 2015 Shri Gangaram Mahadeo Gawas ..

Applicant In the matter between :

The State of Maharashtra ..

Appellant vs Shri Gangaram Mahadeo Gawas ..

Respondent Mr. Ajay A. Joshi for Applicant.

Mr. Yogesh Dabke - AGP for Appellant - State. CORAM : M. S. SONAK, J.

DATE : 16 MARCH 2017 P.C :

1] Heard learned counsel for the parties.

2] Learned counsel for the applicant submits that the applicant may not be in a position to furnish a bank guarantee. 3] The compensation amount is to the extent of Rs.1,21,78,330/-. It will not be safe to permit withdrawal of such amount without any security, since in case the appeal is allowed, it will be difficult for the State to recover this amount. 4] In the aforesaid circumstances, the applicant is permitted to withdraw an amount of Rs.20 Lakhs by furnishing of solvent surety to the Reference Court, since, the State has deposited the amount before the Reference Court. The applicant shall also give an undertaking that he shall abide by the final orders that may be passed in this appeal in so far as this amount is concerned. 5] Civil application is disposed of in the aforesaid terms. Chandka (M. S. SONAK, J.) 1/1