Radhakishan Bhaurao Shidilambe And ORS v. The City And Industrial Development Corporation Of Mah Aurangabad

2025:BHC-AUG:9715 1 914 ca 1752.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1752 OF 2025 IN FIRST APPEAL NO. 545 OF 2010 Radhakishan Bhaurao Shidlambe and others .. Applicants

Versus

The City And Industrial Development Corporation of Maharashtra Aurangabad and others .. Respondents Ms. Sakshi Kale, Advocate h/f Shri Ajeet B. Kale, Advocate for the Applicants.

Shri Girish L. Awale, Advocate for the Respondent No. 1. Shri S. M. Ganachari, A.G.P. for the Respondent No. 2. Shri N. S. Choudhary, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 02ND APRIL, 2025.

FINAL ORDER :

.

This application is for withdrawal of balance 25% of the amount deposited by the respondent/acquiring body. 2.

The applicants were permitted to withdraw 50% of the deposited amount on furnishing undertaking and 25% of the remaining amount on furnishing bank guarantee vide order dated 01.02.2010. Thereafter the order was modified and instead of bank guarantee, applicants were permitted to furnish solvency. In this manner applicants have withdrawn 75% of the

2 914 ca 1752.25 deposited amount and 25% is still lying with this Court. 3.

It is contended that due to financial constrains and for the wedding in the family they are in need of balance amount. 4.

Learned counsel for the respondent/acquiring body opposes the submissions. He submits that already applicants were permitted to withdraw 75% of the deposited amount. The substantial amount has been disbursed to the applicants and, therefore, no further permission can be granted. 5.

Considering exigency expressed in the application, especially in para Nos. 4 and 5, I am inclined to permit the applicants to withdraw balance 25% of the deposited amount on furnishing solvency.

6.

The civil application is allowed by permitting the applicants to withdraw remaining 25% of the deposited amount with accrued interest on furnishing solvency. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 25