Dagadu Sonu Chaudhari Deceased Thr Lrs Ramkrushna And ORS v. Maharashtra Industrial Development Corporation Thr Its Area Manager, Jalgaon And Others

CA-2982-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2982 OF 2021 IN FIRST APPEAL NO.4159 OF 2016 (Dagadu Sonu Chaudhari, died, Through L.Rs. Ramkrushna Chaudhari and ors.

Vs.

Maharashtra Industrial Development Corporation and ors.) AND CIVIL APPLICATION NO.2984 OF 2021 IN FIRST APPEAL NO.1006 OF 2018 AND CIVIL APPLICATION NO.2981 OF 2021 IN FIRST APPEAL NO.4104 OF 2016 AND CIVIL APPLICATION NO.3043 OF 2021 IN F.A. ST. NO.1075 OF 2016 AND CIVIL APPLICATION NO.3041 OF 2021 IN F.A. ST. NO.1078 OF 2016 ---- Mr.S.A.Mulla, Advocate h/f. Mr.U.V.Yadav, Advocate for applicants Mr.S.S.Dande, Advocate for respondent no.1 Mr.B.V.Virdhe, Mr.A.M.Phule and Mr.P.M.Kulkarni, AGPs for respondent nos.2 and 3 ---- CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 11, 2021 ORDER :- Learned counsel for the parties are at ad idem that similar order to one as has been passed in Civil Application No.7603 of 2018 (Dagdu Ragho Fegde and anr. Vs. Area Manager, M.I.D.C., Jalgaon and ors.) on 22.06.2018, may be passed in present applications:-

CA-2982-2021 2.

In view of the above, the applications are partly allowed. The applicants-original claimants are allowed to withdraw 25% of the amount deposited in this Court on furnishing undertaking to refund the amount in case of any contingency arises in the appeal. The applicants are further allowed to withdraw rest of the 75% amount deposited in this Court subject to condition that the applicants shall furnish solvent security/surety of the like amount in this Court.

3.

The applications stand disposed of accordingly. [R.G. AVACHAT, J.] KBP