Madhav Keshavrao Kulkarni Died Thr His Lrs Gunderao Died Thr His Lrs Prabhavatibai And ORS v. The State Of Maharashtra And ANR

{1} ca1122-20 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1122 OF 2020 IN FIRST APPEAL NO.2510 OF 2016 Madhav Keshavrao Kulkarni (Died) LRs and Ors APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. T. G. Gaikwad, Advocate for the applicants Mr. S. N. Kendre, AGP for respondent - State Mr. S. S. Dande, Advocate for respondent No. 2 .......

[CORAM : SUNIL P. DESHMUKH AND B. U. DEBADWAR, JJ.] DATE : 6 th MARCH, 2020 ORDER :

1.

It is being pointed out that while claimants, in whose maters this court had granted interim relief to the acquiring authorities on the condition of depositing 50% of the amount, had been before the Supreme Court, the Supreme Court had directed to deposit balance of the awarded amount and had allowed claimants to withdraw the entire amount deposited. 2.

In view of aforesaid, we deem it appropriate that claimants be allowed to withdraw half of the balance amount remaining deposited in this court by the acquiring body, on furnishing

{2} ca1122-20 undertaking to the effect that, claimants would pay back the amount in case decision in first appeal goes adverse to their interest, within a period of eight weeks from the date of order. Rest of the half of the balance amount remaining deposited, be allowed to be withdrawn by claimants on the condition of furnishing solvent security / solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

3.

Civil application is disposed of.

[B. U. DEBADWAR] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca1122-20