Venkat Shankarrao Jadhav v. Regional Officer Midc At Latur And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1822 of 2016 IN FIRST APPEAL NO.433 OF 2016 Venkat Shankarrao Jadhav Applicant

Versus

Regional Officer, The Maharashtra Industrial Development Corporation, MIDC, Latur & another Respondents Mr.N.B.Suryawanshi, advocate for the applicant. Mr.S.S.Dande, advocate for Respondent No.1.

Mr.V.M.Kagane, A.G.P. for Respondent No.2.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 12th February, 2016 PER COURT:

Heard learned Counsel for respective parties. This is the application seeking withdrawal of amount deposited by Respondent - M.I.D.C. in this Court towards enhanced compensation.

Considering the contentions raised by applicant, application deserve to be allowed and same is accordingly allowed. The applicant shall be permitted to withdraw 25% of the amount, out of the amount deposited by the acquiring body/appellant in this Court, on furnishing an undertaking to the effect that in the event of success of appeals, the applicant would re-deposit the amount in this Court within a period of twelve

{2} ca182216.odt weeks from such decision. Further sum of 25%, out of the amount deposited by the acquiring body in this Court, shall be permitted to be withdrawn by the applicant on furnishing solvent security for like amount.

The balance amount of 50%, out of the amount deposited by the acquiring body, in this Court, shall be invested in fixed deposit in any Nationalized Bank, initially for the period of three years. The fixed deposit shall be renewed thereafter until disposal of the appeal.

With the directions as above, Civil Application stands disposed of.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/ca182216