Chhagan Sudam Gawai v. Shivaji Mahadeo Bahir

2024:BHC-AUG:5997 941-CA-2968-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2968 OF 2024 IN FA/485/2015 CHHAGAN SUDAM GAWAI

VERSUS

SHIVAJI MAHADEO BAHIR ....

Mr. M. M. Parghane, Advocate for applicant Mr. K. A. Pathade, Advocate h/f Mr. R. V. Gole, Advocate for respondent ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 15 MARCH 2024 PER COURT :- 1.

This is an application for permission to withdraw the remaining 25% amount along with accrued interest on the ground that vide order dated 10.01.2024 the First Appeal filed by the nonapplicant is already dismissed. Therefore, the applicant is entitled to receive 100% amount. He has already withdrawn 75% amount. Hence, he is entitled to withdraw remaining 25% of the compensation amount, since the appeal has already been dismissed on its merit and the 25% amount lying with this Court. Therefore, the applicant is permitted to withdraw the balance 25% amount with accrued interest, if any.

2.

Accordingly, the civil application is disposed of. [ Y. G. KHOBRAGADE, J. ] SMS