Bhaulal Bhagwan Gusinge (Died) Lrs Tanhabai And ORS v. The Ex. Engineer, M.I.D. Jalna And ORS

1 925-CA-2837-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.2837 OF 2022 IN FA/2819/2018 BHAULAL BHAGWAN GUSINGE (DIED) LRS TANHABAI AND ORS

VERSUS

THE EX. ENGINEER, M.I.D. JALNA AND ORS ...

Advocate for Applicants : Mr V.B. Kulkarni Advocate for Respondent No.1 : Mr R.C. Patil AGP for Respondent Nos. 2 and 3 : Mr S.P. Deshmukh CORAM : SHRIKANT D. KULKARNI, J.

DATE : 4th March, 2022 PER COURT :

1.

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

2.

Heard Mr V.B. Kulkarni, learned counsel for the applicants, Mr R.C. Patil, learned counsel for respondent No.1/State and Mr S.P. Deshmukh, learned AGP for respondent Nos. 2 and 3.

3.

It is evident from the record that the acquiring body/respondent No.1 has deposited entire amount of compensation with interest under the impugned award.

4.

It is the practice of this Court to allow the claimants to withdraw 75% of the amount of compensation with interest on furnish usual undertaking which may take care of interest of the acquiring body.

2 925-CA-2837-2022

ORDER

(A) The application is hereby allowed as under :- (i) The applicants are hereby permitted to withdraw 50% of the amount of compensation with interest thereon on furnishing usual undertaking with the satisfaction of the Registrar (Judicial) of this Court. (ii) The applicants are further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Remaining compensation amount shall be invested in Fixed Deposit of any nationalized bank initially for a period of one year with the renewal clause.

(iv) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta