Kashinath Basappa Janapure v. Maharashtra Industrial Development Corporation Through Regional/Manager At Latur And ANR

1 CA 3371/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3371 OF 2017 IN FA/1967/2009 KASHINATH BASAPPA JANAPURE

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THROUGH REGIONAL/MANAGER AT LATUR ---- Shri. Suraj V. Gundre, Advocate, for applicant.. Shri. S.S. Dande, Advocate, for respondent No.1. Shri. Y.G. Gujarathi, Assistant Government Pleader, for respondent No.2.

---- Coram: R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

Date : 11 AUGUST 2017 ORDER:

1) By this civil application the applicant seeks permission to withdraw interest accrued on the fixed deposit amount. Pursuant to the order dated 10 September 2013 of the Supreme Court in Civil Appeal No.8072/2013, the applicant has already withdrawn the amount subject to the conditions imposed. Accordingly the applicant had furnished fixed deposit for withdrawing 50% amount to the satisfaction of the Collector.

2 CA 3371/2017 2) Our attention is invited to the order dated 30 January 2015 passed by this Court in Civil Application No.1125/2015 in First Appeal No.29/2011 by which similar relief sought by the applicant in that civil application is granted by this Court allowing the applicant to withdraw interest accrued on the amount deposited in the fixed deposit and furnish security to the satisfaction of the Registrar (Judicial) of this Court.

3) The learned counsel Mr. S.S. Dande for the respondent No. 1 has no objection if the applicant is allowed to withdraw interest on furnishing security to the satisfaction of the Registrar (Judicial) of this Court. The statement is accepted.

4) The Civil Application is accordingly allowed in terms of prayer clause (B) subject to applicant's furnishing security to the satisfaction of the Registrar (Judicial) of this Court. The Civil Application is disposed of in the aforesaid terms. No order as to cost. Sd/- Sd/- (SUNIL K. KOTWAL, J.) (R.D. DHANUKA, J.) rsl