Mainoddin Abdulsab Sayyed And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2344 OF 2019 IN FIRST APPEAL NO.91 OF 2009 (Mainoddin Abdulsab Sayyed and others Vs. The State of Maharashtra and another) ---- Mr. Suraj V. Gundre, Advocate for the applicants Mr. A.V. Deshmukh, A.P.P. for the respondent/State Mr. S.S. Dande, Advocate for respondent No.2 ---- CORAM :

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

DATE :

25th FEBRUARY, 2019 ORDER :

Heard learned counsel for the applicants, the learned A.G.P. and learned counsel for respondent No.2.

2.

This application is filed seeking permission to withdraw the amount of interest, which has 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

ca2344-2019 compensation. However, the amount of interest is still pending in this Court. Learned counsel for the applicants submits that the amount of interest, which is pending in this Court, also needs to be disbursed as per the order of the Supreme Court. Hence, in view of the order passed by the Supreme Court of India, the present application is allowed with the following directions. 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 District Collector concerned. 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/ca2344-2019