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Bombay High CourtCA/7474/2021disposed off

The Ex. Engineer, Osmanabad Medium Project Division, Osmanabad And ORS v. Krushnath Ramrao Gaikwad

2023-03-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 940 CA-4086.2023 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.4086 OF 2023 IN FAST/4485/2020 WITH CA/7478/2021 IN FAST/4278/2020 WITH CA/7480/2021 IN FAST/4478/2020 WITH CA/7482/2021 IN FAST/4481/2020 WITH CA/7476/2021 IN FAST/4485/2020 WITH CA/7474/2021 IN FAST/4489/2020 WITH CA/3426/2023 IN FAST/4481/2020 WITH CA/3429/2023 IN FAST/4278/2020 WITH CA/3427/2023 IN FAST/4478/2020 TRIVENIBAI SOPAN GAIKWAD DIED THROUGH LRS RAJENDRA BABRUWAN DONGARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, AT OSMANABAD AND OTHERS ...

Mr. P.B. Rakhunde, Advocate for the applicants. Mr. S.S. Dande, A.G.P. for respondent Nos.1 and 2. Mr. G.B. Rajale, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

30th March 2023.

ORDER:-

IN THE APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their respective amounts of compensation. It appears that the appellant Acquiring Body has deposited only 60% of the entire amounts of compensation as directed by this Court. 3.

This Court in other connected matter has already granted withdrawal of 75% of the deposited amounts to the

(2) 940 CA-4086.2023 & ors.odt applicants therein. In view of the same, the applicants herein are permitted to withdraw 75% of the deposited amounts alongwith the proportionate interest accrued thereon till date, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court The remaining amounts be invested in FDR on yearly renewal basis in any Nationalized Bank, till final disposal of these appeals.

5.

The civil applications are accordingly disposed of.

IN THE APPLICATIONS FOR STAY :

.

Since the appellant Acquiring Body has deposited the amounts of compensation as directed by this Court in all these matters, the applications are made absolute in terms of prayer clause (B) and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde