Suresh J. Shah And ORS. v. Union Of India Thru Administrator Daman And Diu And ORS.

4.CAW.21 wt. 22.19 in WP.9745.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 22 OF 2019 WITH CIVIL APPLICATION NO. 21 OF 2019 IN WRIT PETITION NO. 9745 OF 2017 Suresh J. Shah & Ors.

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Applicants/Petitioners V/s.

Union of India through Administrator Daman and Diu & Ors.

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Respondents Mr. Mehul Shah i/b Mr. Bharat Joshi for the Applicants/Petitioners. Mr. S.S. Deshmukh for the Respondents.

CORAM :

R.M. BORDE AND V.L. ACHLIYA, JJ.

DATE :

8th JANUARY 2019.

P.C.:

It is informed that the acquiring body has deposited the amount of compensation determined in the executing court. The Petitioners are praying for grant of permission to withdraw the amount of compensation deposited by the acquiring body. It would be open for the Petitioners to approach the executing court with a request to permit the Petitioners-Original Claimants to withdraw the amount of compensation Waghmare 1/2

4.CAW.21 wt. 22.19 in WP.9745.17.doc and the pendency of the instant Petition before this Court shall not be an impediment for the executing court/reference court to permit the withdrawal of the amount of compensation.

The request of the Petitioners seeking withdrawal of the amount of compensation shall be considered expeditiously by the executing court/reference court.

Put the Writ Petition for consideration after two weeks. Civil Application No.22 of 2019 stands disposed of. It would be open for the Petitioners to tender appropriate application to an appropriate forum in respect of the other prayers made in the Civil Application.

(V.L. ACHLIYA, J.) (R.M. BORDE, J.) Waghmare 2/2