Nayim S/O Jalil Shaikh v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

(1) 936 CA-3551.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.3551 OF 2023 IN FA/983/2022 NAYIM S/O JALIL SHAIKH

VERSUS

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

Mr. L.C. Patil, Advocate for the applicant.

Mrs. G.L. Deshpande, A.G.P. for respondent Nos.1 and 2. Mr. G.B. Rajale, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

17th March 2023.

ORDER:- 1.

Heard rival submissions. The applicant is seeking permission to withdraw the entire amount of compensation alongwith the interest, as deposited by the Acquiring Body. It appears that the Acquiring Body has deposited only 75% of the impugned award amount.

2.

This Court, vide order dated 27.10.2021, has already permitted the applicants therein to withdraw 65% of the deposited amount of compensation in connected matters wherein entire compensation amounts were deposited. In view of the same, the present applicants are also permitted to withdraw 90% of the deposited amounts of compensation alongwith the accrued proportionate interest thereon till date,

(2) 936 CA-3551.2023.odt on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amounts be invested in F.D.R. in any Nationalized Bank on yearly renewal basis, till final disposal of this appeals.

3.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde