Mukund Purushottam Tapasvi (Dead) Thr Lrs Sushma And ORS v. Municipal Corporation, Aurangabad Thr Its Authorized Officer, And ORS

38-39-CA-2152-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO.2152 OF 2019 IN FA/640/2018 MURARI PURUSHOTTAM TAPASWI AND ANR

VERSUS

MUNICIPAL CORPORATION, AURANGABAD THR ITS AUTHORIZED OFFICER, AND ORS ....

39 CIVIL APPLICATION NO.2153 OF 2019 IN FA/641/2018 MUKUND PURUSHOTTAM TAPASVI (DEAD) THR LRS SUSHMA AND ORS

VERSUS

MUNICIPAL CORPORATION, AURANGABAD THR ITS AUTHORIZED OFFICER, AND ORS Advocate for Applicants : Mr. Siddharth R. Deshpande Advocate for Respondent No.1 : Mr. A.P. Bhandari AGP for Respondent No.2 : Mr. P.M. Kulkarni ....

CORAM : P.R. BORA, J.

DATED : 04th FABRUARY, 2019 PER COURT:- 1.

Heard Shri Deshpande, the learned counsel appearing for the applicants and Shri Bhandari, the learned counsel appearing for the respondent-Corporation. Perused the impugned judgment and award, and the grounds of objections raised in exception to the said judgment.

2.

After having considered the above, I deem it appropriate to pass the following order:-

38-39-CA-2152-2019

ORDER

[i] The applicants are permitted to withdraw 40% of the amount deposited by the appellant-acquiring body in this court along with interest accrued thereon on submitting an undertaking to the satisfaction of the Registrar of this Court.

[ii] Balance 60% of the amount and the interest accrued thereon be invested in Fixed Deposit Receipt in any nationalized bank, for the period till disposal of the appeal.

[iii] The amount permitted to be withdrawn be remitted in equal share to applicants in both the applications. [iv] Civil applications stand disposed of.

( P.R. BORA ) JUDGE Sudhir Rane