Devidas Nivrutti Kanje v. The State Of Maharashtra And ANR

C.A.518/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 518 OF 2018 IN FIRST APPEAL NO.5030 OF 2017 Devidas Nivrutti Kanje ..

Applicant

Versus

The State of Maharashtra and ors.

..

Respondents Mr V.D. Gunale, Advocate for applicant Mr A.V. Deshmukh, A.G.P. for respondent no.1 Mr Khaire, Advocate h/f Mr S.S. Dande, Advocate for respondent no.2 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 9th February 2018 PER COURT 1.

Heard learned counsel for respective parties. 2.

Considering enhancement granted by the Reference Court and adjusting the equities, we pass the following order: (a) The applicant is allowed to withdraw 25% of the amount deposited on submitting undertaking to this Court that in case the applicant is directed to redeposit the amount, the applicant to redeposit the amount within one month.

(b) The applicant is allowed to withdraw 25% of the amount on furnishing solvent security of the like amount. (c) The applicant is further allowed to withdraw 25% of the amount on furnishing bank guarantee of Nationalised/Scheduled Bank.

C.A.518/2018 (d) Remaining 25% amount be kept in Fixed Deposit of the Nationalised Bank.

(e) The Civil Application is disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr