← Library
Bombay High CourtCA/2802/2024partly allowed and partly dismissed

Bhagwan Sakharam Chavan (Died) Thr Lrs Sarita And ANR v. The State Of Maharashtra, Through Collector , Osmanabad

2024-04-26Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:9370 14-CA-2802-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2802 OF 2024 IN FAST/17401/2021 BHAGWAN SAKHARAM CHAVAN (DIED) THR LRS SARITA AND ANOTHER

VERSUS

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

Advocate for Applicants : Mr. Abhijit S. More AGP for Respondents No.1 and 2 : Mr. S. N. Kendre Advocate for Respondent No.3 : Mr. Anil M. Gaikwad ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and learned counsel for respondent No.3 and the learned A.G.P. 2.

The appellant has fairly conceded that the appellant did not dispute the compensation granted to the applicants except the wrong date of the period granting interest. The appellant has deposited the entire amount with interest. Out of the said amount, interest amount of Rs.1,27,000/- is disputed. Hence, the order;

ORDER

i) The application is partly allowed.

ii) The applicants are permitted to withdraw the amount of Rs.4,48,955/- with proportionate interest deposited with this Court, on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed. iii) The rest of the amount of Rs.1,27,000/- with proportionate interest be invested in the fixed deposit as per rules. ( S. G. MEHARE, J. ) rrd