Ambadas Moreshwar Bemalkar v. The State Of Maharashtra And ORS

{1} 917 CA 8367 OF 2018 & ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 8367 OF 2018 IN FA/2524/2016 VASUNDHARA AMBADAS BEMBALKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

919 CIVIL APPLICATION NO. 8859 OF 2018 IN FA/2541/2016 MANGAL BHASKAR MISAL

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

920 CIVIL APPLICATION NO. 9019 OF 2018 IN FA/2540/2016 AMBADAS MORESHWAR BEMALKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants :Shri Laxmikant C. Patil AGP for Respondents - State : Smt.S.S.Raut and Shri P.G.Borade Advocate for Respondent No.3 : Shri A.N.Gaddime ...

...

CORAM : P.R.BORA, J.

DATE: 27th September, 2018 PER COURT:- Heard the learned Counsel appearing for the parties. The learned Counsel for the applicants tendered across the

{2} 917 CA 8367 OF 2018 & ORS. bar a copy of the order passed in Civil Application No.877 of 2018 with connected matters by this Court (Coram: K.K.Sonawane, J.) on 19.01.2018. The learned Counsel submits that the present matters are arising out of the same acquisition proceedings and in the circumstances, prayed for passing the similar order as is passed in the aforesaid matters on 19.01.2018. Shri A.N.Gaddime, learned counsel for respondent No.3 does not dispute that in the companion matters on 19.01.2018, the order has been passed.

In view of the submissions so made, the following order is passed:

ORDER

I) The applicants are permitted to withdraw 50% of the amount deposited in this Court by the Acquiring Body, alongwith interest accrued thereon, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

II) The 25% of the deposited amount is permitted to be withdrawn by the applicants alongwith interest accrued thereon, on furnishing solvent surety in the like amount.

{3} 917 CA 8367 OF 2018 & ORS. III) The balance 25% of the amount be deposited in Fixed Deposit Receipt, initially for the period of two years and if so required, for further period till decision of the appeals.

IV) Civil Application Nos.8367 of 2018, 8859 of 2018 and 9019 of 2018 are disposed of.

(P.R.BORA) JUDGE SPT