Anitabai Bharat Jadhav v. The State Of Mah And ANR

2025:BHC-AUG:23852 1 73-CA 2650-2019+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2650 OF 2019 IN FA/1773/2012 Manik Shankar Kore .. Applicant

Versus

The State Of Maharashtra And Another .. Respondents WITH CIVIL APPLICATION NO. 2651 OF 2019 IN FA/1774/2012 Anitabai Bharat Jadhav .. Applicant

Versus

The State Of Maharashtra And Another .. Respondents Mr. V. V. Ingale, Advocate for the Applicants. Mr. R. B. Dhaware, AGP for Respondent/State.

CORAM : KISHORE C. SANT, J.

DATE : 04th SEPTEMBER, 2025.

PER COURT :- .

Both these applications are moved for modification and relaxation of condition in the order passed by this Court dated 27.09.2013. This Court by way of said order has permitted the applicants to withdraw 50% of the total amount deposited by the

2 73-CA 2650-2019+.odt State in the office of this Court on furnishing an undertaking. The remaining amount was permitted to be withdrawn on furnishing bank guarantee of a Nationalised or a Civil Bank. 2.

The learned advocate for the applicants submits that, though they have furnished bank guarantee, now, the applicants find it difficult to keep bank guarantee alive due to financial constraints. He relies upon the order dated 18.10.2024 passed in similar circumstances by this Court in Civil Application No. 11431/2021 in First Appeal No. 59/2016.

3.

In view of this, this Court finds that, care of interest of the parties can be taken care of by following order :

ORDER

(I) The civil applications stand allowed.

(II) The applicants are permitted to withdraw the amount on furnishing solvent surety/security to the extent of amount withdrawn to the satisfaction of the learned Registrar (Judicial) of this Court.

3 73-CA 2650-2019+.odt (III) On furnishing solvent surety/security, the bank guarantee shall stand discharged.

(IV) The civil applications stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.