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Bombay High CourtCA/4991/2015admittedallowedgrantedrule absolute

Sarla Eknath Sasawade And ORS v. The Maharashtra Housing And Area Development Authority, Mumbai And ANR

2015-09-11Hon'Ble Shri Justice S V Gangapurwala2 pages

CA4303.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4303 OF 2015 IN FAST/16380/2014 WITH CIVIL APPLICATION NO. 4991 OF 2015 IN FAST/16632/2014 MADHUSUDAN @ MADHUKAR SHRIAM AND ANOTHER

VERSUS

THE MAHARASHTRA HOUSING AN AREA DEVELOPMENT AUTHORITY, MUMBAI AND ANR .............

Mr R. R. Sancheti, Advocate for the applicants Mr C. V. Thombre, Advocate for respondent No. 1 ..............

CORAM :

S. V. GANGAPURWALA, J.

DATE : 11TH SEPTEMBER, 2015.

PER COURT:

.

These are applications for withdrawal of the amount. 2.

Mr. Thombre, ld. Counsel for respondent No. 1, opposes the application on the ground that exorbitant amount of compensation has been granted by the reference Court.

3.

Today, the award is in favour of the applicants. Considering the same, I pass the following order.

ORDER

(i) The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to this Court that in the event this Court directs the applicants to deposit the amount, they will redeposit the amount within a period of one month from the date of such order.

CA4303.2015.odt (ii) The applicants are further allowed to withdraw 25% of the amount deposited on submitting solvent security / surety of the like amount.

(iii) The remaining 25% of the amount be kept in Fixed Deposit in any Nationalized Bank.

Civil Applications stand disposed of.

[ S. V. GANGAPURWALA, J. ] sgp