Ganesh Chaganrao Solankar Died Thr Lrs Sunita And ORS v. The State Of Maharashtra And ANR

2024:BHC-AUG:5919-DB 937-CA-1297-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1297 OF 2024 IN/AND FIRST APPEAL NO. 2787 OF 2023 Ganesh Chaganrao Solankar (Died) Through L.Rs.

Sunita and Others ..APPLICANTS

VERSUS

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

Mr. A.B. Kale, Advocate for applicants Mr. S.E. Wakale, A.G.P. for respondent no.1 - State Mr. S.V. Deshmukh, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 15th MARCH, 2024 PER COURT :

1.

At the request of learned counsel for the acquiring body, leave to amend the title clause and to file on record corrected copy of the judgment and award.

2.

This is an application for withdrawal of the amount which is deposited by the acquiring body. Our attention has been drawn to order dated 06th November, 2023 passed in Civil Application No. 12274 of 2023 with connected applications. It is not disputed by learned counsel for the applicant and also by learned counsel for the acquiring body that the application can be allowed in terms of said order. 1 / 2

937-CA-1297-24.odt 3.

The said order reads as follows :- "3. 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 deposited in FDR during the pendency of the appeal." 4.

The civil application is allowed in terms of the above order and disposed of.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2