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Bombay High CourtCA/3406/2016disposed offdismissed for default

Kautik Laxman Chaudhary v. Maharashtra Industrial Development Corporation Thr Its Area Manager, Jalgaon And ORS

2016-03-16Hon'Ble Shri Justice V.K. Jadhav2 pages

942withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 3406 OF 2016 IN FIRST APPEAL ST. NO. 16357 OF 2015 KAUTIK LAXMAN CHAUDHARY

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THR ITS AREA MANAGER, JALGAON AND OTHERS ...

Advocate for Applicant : Mr. Tripathi Sushilkumar H. AGP for Respondents 2 to 4 State :Mr. S. R. Yadav Advocate for Respondent No.1 : Mr. S. S. Dande

CORAM

: V. K. JADHAV, J.

DATE :

16th March, 2016 PER COURT :

1.

Heard both sides.

2.

This Court, by order dated 03.03.2016 in Civil Application No.2656/2016 in First Appeal St.

No.16385/2015, allowed the claimant therein to withdraw the amount of compensation. Learned counsel for the applicant submits that this matter is also arising out of the same group. The same is not disputed by the learned counsel for the other side. The learned counsel for the applicant submits that the applicants/original claimants herein have already filed execution petition before the learned Civil Judge, Senior Division, Bhusawal.

3.

In view of this, same course is adopted in the present matters for granting permission to the applicants to withdraw the amount of compensation deposited before this Court by respondent No.1/ Acquiring body in response 1/2

942withdrawal.odt to the order passed by this Court dated 16.10.2015. Hence following order:

O R D E R

i.

The applicant is allowed to withdraw 25% of the amount on furnishing undertaking to this Court that in the event the applicant is required to deposit the amount, he would deposit the same within one month.

ii. The applicant is allowed to withdraw 50% of the amount on furnishing solvent security of the said amount.

iii. The applicant is allowed to withdraw 25% of the amount on furnishing bank guarantee of the said amount.

iv. Civil application is accordingly disposed of. ( V. K. JADHAV, J. ) JPC 2/2