Rajendra Babu Gore (Dead) Thr Lrs Vandana Rajendra Gore And ORS v. The State Of Maharashtra And ANR

932 ca.6559.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO.6559 OF 2022 IN FAST/19423/2016 RAJENDRA BABU GORE (DEAD) THROUGH LRS SMT. VANDANA RAJENDRA GORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Prakash Bhaushaeb Shirsath. AGP for Respondents/State: Mr. P. M. Kulkarni. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

26th April, 2022.

P.C.:

.

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

Heard Mr. P. B. Shirsath, learned counsel for the applicants and Mr. Kulkarni, learned AGP for respondent Nos.1 and 2. Mr. Shirsath seeks leave to place on record copy of order passed by this Court in Civil Application No.8411 of 2021 dated 21st August, 2021. Leave granted. The same is taken on record and marked as 'X' for identification.

Mr. Shirsath submits that the legal heirs of another claimant have been already allowed to withdraw 75% of the amount of

932 ca.6559.22.odt compensation in deposit on furnishing usual undertaking. He, therefore, seeks similar relief.

Mr. Kulkarni, learned AGP for the State fairly conceded the position of passing of earlier order by this Court in Civil Application No.8411 of 2021 in this appeal.

By taking the same view, I proceed to pass the following order:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants/claimants are hereby permitted to withdraw 75% of the amount of compensation to the extent of their shares on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

III.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga