Babu Eknath Lad v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD CIVIL application NO.1404 OF 2018 IN FIRST APPEAL NO.3841 OF 2017 Babu s/o Eknath Lad ..Applicant
Versus
The State of Maharashtra and ors.
..Respondents Mr G.K. and Mrs P.G. Sontakke (Patil), Advocate for applicant Mrs V.N.Patil Jadhav, A.G.P. for respondent no.1 Mr S.S.Dande, Advocate for respondent no.1 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 2nd February 2018 PER COURT 1.
This is an application tendered by the claimant for withdrawal of the amount deposited by the acquiring body. In view of the order in companion matter, which has been dealt with by this Court, the instant application also can be disposed of in the same terms. 2.
In the present matter, the reference Court has awarded compensation @ Rs.14/- per squre feet. In Civil Application No.9552/2014 (in First Appeal St.No.5832/2014), wherein the amount of compensation was awarded @ Rs.12/- per square feet, this Court permitted the applicants therein to withdraw the 75% amount out of the total amount deposited.
3.
Considering the order passed in above referred matter, we pass the following order:
(I) The applicant shall be permitted to withdraw 25% of the amount out of the total amount deposited on furnishing personal undertaking to this Court that in the event of success of appeal, he will refund the amount within a period of one month from the date of issuance of such order.
(II) The applicant is permitted to withdraw further sum of 25% deposited, on furnishing solvent surety in the like amount. (III) The applicant is permitted to withdraw further sum of 25% out of the amount deposited on furnishing Bank guarantee of a Scheduled Bank or Nationalised Bank in the like amount. (IV) Balance 25% amount of the total amount deposited by the acquiring body in this Court shall be invested in fixed deposit receipts initially for a period of three years and the fixed deposit receipts be renewed thereafter until disposal of appeal.
4.
Civil Application stands disposed of accordingly. ( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr