Smt. Vimal Ramrao Ghatage Deceased Through Lrs. Shri. Vijay Ramrao Ghatage And ANR. v. The State Of Maharashtra Through Collector Of Kolhapur

(9) CAF 4327-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 4327 OF 2016 IN FIRST APPEAL NO. 1417 OF 2014 Shri Vimal Ramrao Ghatage (Since deceased through her LRs) .. Applicants In the matter between The State of Maharashtra & Ors.

.. Appellants Vs.

Shri Vimal Ramrao Ghatage (Since deceased through her LRs) .. Respondents Mr. Amit Palkar, AGP for the Appellant-State. Mr. Vasant Kadam h/f. Yuvraj P. Narvankar for the Respondents. Mr. S. M. Kamble for the Applicants.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 15 th OCTOBER, 2016.

P. C. :

1.

This is an application seeking withdrawal of the amount deposited by the State in terms of awards passed by the Reference Court. The said amount has been deposited in the Court of Civil Judge Senior Division, Kolhapur.

2.

As this appeal is already admitted, considering the amount is deposited and in view of the order of this Court dated 05.07.2016 passed in Civil Application No. 1287 of 2016 in First Appeal No. 42 of 2016 and 1/2

(9) CAF 4327-16 also the order passed by this Court on 07.09.2016 in Civil Application No. 1267 of 2016 in First Appeal No. 256 of 2015, this application is allowed and disposed of accordingly on the following conditions: (i) The applicants are permitted to withdraw the 50% of the amount deposited with the Reference Court on furnishing solvent security to the satisfaction of the Reference Court. (ii) The balance amount may be invested by the Reference Court in any nationalized bank initially for a period of three years, to be renewed subsequently from time to time.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2