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Bombay High CourtIA/2323/2023disposed off

Shri. Balaram Nana Thakur Deceased Thr. Lrs. Shri. Krishna Balaram Thakur And ORS. v. The State Of Maharashtra (Through The Special Land Acquisition Officer)

2023-10-27Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

by HEMANT CHANDERSEN SHIV Date:

2023.11.02 05:34:30 +0530 HEMANT CHANDERSEN SHIV 1/2 46.ia2323.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2323 OF 2023 IN FIRST APPEAL NO.1188 OF 2016 Balaram Nana Thakur (Decd) Through LRs Krishna B. Thakur & Ors.

...Applicants In the matter between The State of Maharashtra ...Appellant vs.

Balaram Nana Thakur (Decd) Through LRs Krishna B. Thakur & Ors.

...Respondents

Mr. Aniket Ranade for the Applicants.

Mr. Shreepad Murthy i/b Pinky Bhansali for Respondent No.1. Ms. Tanya Goswami for Respondent-State CORAM : NITIN B. SURYAWANSHI, J.

DATED : 27TH OCTOBER 2023 P. C. :

1.

By this application, Applicant-claimant seeks to withdraw amount of compensation deposited by Respondentoriginal Appellant. Total compensation of Rs.6,60,50,014/- is awarded which is deposited by Respondent-Appellant in the Reference Court. Applicant-claimant has already withdrawn 50% of the said amount. According to ApplicantShiv

2/2 46.ia2323.23.doc claimant, on amount of Rs.6,60,50,014/-, interest of Rs.2,00,00,000/- (Rupees Two crores) has accrued. 2.

Application is opposed by learned Advocate for Respondent-Appellant.

3.

In view of above facts, application is partly allowed. Applicant-claimant is permitted to withdraw amount of Rs.1,00,00,000/- (Rupees one crore) towards interest by furnishing bank guarantee.

4.

Application is disposed of.

[NITIN B. SURYAWANSHI, J.] Shiv