Babu Narsappa Gurme (Died) Thr Lrs Bhanudas And ORS v. Maharashtra State Industrial Development Corporation Thr Its Div. Officer, Latur And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

938 CIVIL APPLICATION NO. 6822 OF 2017 IN FA/1037/2014 BABU NARSAPPA GURME (DIED) THR LRS BHANUDAS AND ORS

VERSUS

MAHARASHTRA STATE INDUSTRIAL DEVELOPMENT CORPORATION THR ITS DIV. OFFICER, LATUR *** Advocate for Applicants : Kulkarni Girish N. (mardikar) Advocate for Respondent No.1 : Mr.S.B. Bhosale *** CORAM :

R.D. DHANUKA & SUNIL K. KOTWAL,JJ.

DATED :

28-09-2017.

PER COURT :- By this application the applicant seeks permission to withdraw amount of interest accrued on the amount of enhanced compensation deposited by the respondent No.1. 2.

We have heard learned counsel for the parties. The applicant has been already permitted to withdraw the entire amount deposited by the Respondent No.1 on certain conditions. In our view interest of justice would be met if the applicant is permitted to withdraw amount on interest on the enhanced compensation deposited by the Respondent No.1, however, on the condition that the applicant furnish solvent security to secure the amount of interest to the satisfaction of the learned Registrar ( Judicial). 3.

If the solvent security/ Bank guarantee is furnished by the applicant as may be directed by the learned Registrar ( Judicial ), the

(2) said security shall be kept alive till the disposal of the First Appeal and four weeks thereafter.

4) If the solvent security is not furnished by the applicant as directed by the learned Registrar (Judicial) within the time prescribed, the balance amount lying deposited in this Court shall be invested in the Fixed Deposit of any Nationalized Bank for a period of two years initially and thereafter for a like period after obtaining further order from this Court .

5.

Civil Application is disposed of in aforesaid terms. 6.

No order as to costs.

( SUNIL K. KOTWAL) ( R.D. DHANUKA) JUDGE JUDGE YSK/