Shamsundar Prabhakar Kale And ANR v. The State Of Maharashtra Through Its Slao Special Unit And ANR

2025:BHC-AUG:506-DB C.A. No.192/2025 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.192 OF 2025 IN CIVIL APPLICATION NO.12283 OF 2023 IN FIRST APPEAL NO.2784 OF 2023 Shamsundar Prabhakar Kale & anr.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. U.R. Auti, Advocate for Talekar & Associates for applicants Mrs. Uma S. Bhosle, A.G.P. for State Mr. S.V. Deshmukh, Advocate for R.No.2.

.......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 9th JANUARY, 2025 O R D E R :

Learned Advocate for the applicants submits that, this Court, passed following order on 6/11/2023 :- "3.

In view of the same, the applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on furnishing usual undertaking before the Registrar (Judicial) of this Court and remaining 25% of the deposited amount along with accrued interest on furnishing solvent surety. The remaining balance amount be

C.A. No.192/2025 :: 2 ::

deposited in FDR during the pendency of these appeals."

2.

Learned Advocate for the applicants submits that, the applicants are unable to furnish solvent surety. He states that, the applicants are in a position to furnish solvent security of themselves.

3.

Learned Advocate for the acquiring body submits that, appropriate orders be passed.

4.

In view of the above, we see no impediment to allow the applicants to withdraw the aforesaid amount as directed by this Court by order dated 6/11/2023 on furnishing solvent security instead of solvent surety. Accordingly, the Civil Application is disposed of by permitting the applicants to furnish solvent security of themselves instead of solvent surety. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-