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Bombay High CourtCA/4285/2024admittedallowedgrantedrule absolute

Hanamant Buba Fund v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2024-06-14Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:11004 (1) 909ca4285.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 4285 OF 2024 IN FA/1250/2024 HANAMANT BUBA FUND ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

.....Respondents Mr. L. C. Patil, Advocate for the applicant Mr. S. G. Bhalerao, Advocate for respondent No.3 Mr. M. N. Ghanekar, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

14th JUNE, 2024 P. C.

1.

This application is moved for withdrawal of amount deposited by the acquiring body pursuant to the award passed by the learned Reference Court.

2.

Learned advocate for the applicant has placed on record the order passed by this court in civil application No. 6164/2024 dated 28-04-2022, by which this court allowed the

(2) 909ca4285.24 applicants /claimants to withdraw the amount of 75% with accrued interest of the deposited amount on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount was directed to be invested in fixed deposit.

3.

This court finds that in the present application, same order needs to be passed. Hence, the following order:-

ORDER

a] The applicant is permitted to withdraw 75% of the amount deposited alongwith accrued interest thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. Balance 25% of the amount of compensation with accrued interest thereon be invested in fixed deposit in any nationalized bank for a fixed term to be renewed till pendency of the appeal.

b] The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/909ca4285.24