Venkatrao Vithal Valse And Others v. Regional Manager, Midc Latur Division, Latur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2166 OF 2019 IN FIRST APPEAL NO.1305 OF 2016 (Venkatrao Vithal Valse and others Vs. Regional Manager, MIDC, Latur Division, Latur and another) ---- Mr. Suraj V. Gundre, Advocate for the applicants Mr. S.S. Dande, Advocate for respondent No.1 Mr. A.V. Deshmukh, A.P.P. for the respondent/State ---- CORAM :

T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.

DATE :

25th FEBRUARY, 2019 ORDER :

Heard learned counsel for the applicants, learned counsel for respondent No.1 and the learned A.G.P.

2.

This application is filed seeking permission to withdraw the amount of interest, which must have been accrued on the amount of compensation, deposited in this Court by the Acquiring Body.

3.

As per the order passed by the Apex Court, this Court had allowed the claimants/present applicants to withdraw the entire amount of

ca2166-2019 compensation. Learned counsel for the applicants submits that some amount of interest, which is pending in this Court also needs to be disbursed as per the order of the Supreme Court. In view of the order dated 4th January, 2018, passed by the Supreme Court of India in Civil Appeal No.5 of 2018 with Civil Appeal No.6 of 2018, the present application is allowed in following terms.

4.

We direct that 50% of the amount of interest pending in this Court be disbursed to the applicants on their furnishing security to the satisfaction of the Reference Court. The remaining 50% amount of interest shall be released to the applicants without security. The Civil Application is accordingly allowed and disposed of.

[SUNIL K. KOTWAL] [T.V. NALAWADE] JUDGE JUDGE npj/ca2166-2019