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Bombay High CourtCA/1894/2016disposed offdismissed for default

Rajesaheb Kishanrao Shinde Died His Lrs Kalindibai And ANR v. Maharashtra Industrial Development Corporation Through Regional Officer And Others

2016-03-07Hon'Ble Shri Justice V.K. Jadhav2 pages

CA 1894.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1894 OF 2016 IN FAST/20763/2014 RAJESAHEB KISHANRAO SHINDE DIED HIS LRS KALINDIBAI AND ANOTHER

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THROUGH REGIONAL OFFICER AND OTHER ...

Advocate for Applicants : Mr U R Awate Advocate for Respondents : Mr S B Bhosale AGP for Respondents : Mr. D R Korde ...

CORAM : V.K. JADHAV, J.

Dated: March 07, 2016 ...

PER COURT :- 1.

Heard learned counsel for the applicant.

2.

Learned counsel for respondent submits that, the applicants/original claimants may be permitted to withdraw 50% of the total amount of compensation on condition of furnishing an undertaking for 25% of the amount of said 50% amount and, for the remaining 25% amount to furnish a bank guarantee.

3.

Learned counsel appearing for the applicant submits that, the applicants are ready to furnish undertaking to the extent of 25% of the amount out of 50% amount and, for remaining 25% amount, the applicants are ready to furnish solvent surety to the satisfaction of the Court.

CA 1894.2016.odt 4.

In view of this, following order is passed.

O R D E R

I.

The applicants/original claimants are permitted to withdraw 50% amount deposited by respondent no.1/appellant before this Court, on following conditions :- a] The applicants shall furnish an undertaking to the extent of 25% amount of withdrawal and for the remaining 25% of the amount, the applicants shall furnish solvent surety to the satisfaction of the Registrar (Judicial) of this Court, within four weeks from today.

B] Remaining 50% amount shall be invested in any Nationalized Bank, till the disposal of the appeal. 2.

Civil Application is accordingly disposed of. ( V.K. JADHAV, J. ) ...

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