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Bombay High CourtCA/1176/2024admittedallowedgrantedrule absolute

Kamlabai Tukaram Shinde (Died) Thr Lrs Abhiman And ORS v. The G.M.I.D.C., Thr Its Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS

2024-07-20Hon'Ble Shri Justice Kishore C. Sant2 pages

4ca1176 ( 2 ) .24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 1176 OF 2024 IN FA/1632/2023 KAMLABAI TUKARAM SHINDE (DIED) THR LRS ABHIMAN AND ORS

VERSUS

THE G.M.I.D.C., THR ITS EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. C.R. More h/f Mr. Ingale Vivekanand V.

Advocate for Respondent No. 1: Mr. S.B. Chaudhari h/f Mr. H. T. Gaikwad AGP for Respondents/State : Mr. A.M.Phule ...

CORAM : KISHORE C. SANT, J.

DATE : 20th JULY, 2024.

PER COURT :

1.

This application is for withdrawal of the amount. The applicants have produced on record a copy of order dated 04.08.2023 in which the applicants were allowed to withdraw amount deposited in this Court on furnishing usual undertaking. There is no dispute about the said position as the said order was passed in the proceeding arising out of the same

4ca1176 ( 2 ) .24 acquisition proceedings.

2.

In view of the same, following order :

ORDER

a) The Civil application stands allowed and disposed off.

b) The applicants are entitled to withdraw 70% of the amount deposited by the Acquiring Body in this Court alongwith accrued interest on furnishing usual undertaking.

( KISHORE C. SANT ) JUDGE mahajansb/