Maharu Dhondu Fegade (Died) Thr Lrs Jaubai (Died) Thr Lrs Kisan And ANR v. The Branch Manager, Midc, Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

922 CIVIL APPLICATION NO.3155 OF 2022 IN FAST/40503/2019 MAHARU DHONDU FEGADE (DIED) THR LRS JAUBAI (DIED) THR LRS KISAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Ajeet B. Kale.

AGP for Respondent/State: Mr. S. P. Deshmukh. Advocate for Respondent No.3 : Ms. A. R. Mate, h/f Jay & Company. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants.

Heard Mr. Kale, learned counsel for the applicants, Ms. Mate, instructed by Jay and Company for acquiring body and Mr. Kulkarni, learned AGP for respondent/State.

Mr. Kale, learned counsel for applicants seeks leave to place on record copy of order passed in Civil Application No.6726 of 2020 with connected matters by this Court (Coram : V. K. Jadhav, J.) dated 4th November, 2020. Leave granted. The copy of order is taken on record and marked as 'X' for identification.

Mr. Kale, learned counsel for the applicants submits that this Court was pleased to allow the claimants in the above said group to withdraw 50% of the amount of compensation on furnishing undertaking and seeks similar relief.

Ms. Mate, instructed by Jay and Company for acquiring body and Mr. Kulkarni, learned AGP for respondent/State fairly conceded this position.

In connected matters arising out of same group, this Court was pleased to allow the claimants to withdraw 50% of the amount of compensation. By taking the same view, I am going to allow this application. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants are permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

III.

Remaining 50% balance amount shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause. V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga