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Bombay High CourtCA/3587/2024admittedallowedgrantedrule absolute

Ramesh Hanmant Alagule v. The State Of Maharashtra Through The Collector Latur And ORS.

2024-06-11Hon'Ble Shri Justice Kishore C. Sant3 pages

2024:BHC-AUG:10551

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO. 3583 OF 2024 IN FA/825/2021 AND CIVIL APPLICATION NO. 3587 OF 2024 IN FA/826/2021 AND CIVIL APPLICATION NO. 3584 OF 2024 IN FA/828/2021 AND CIVIL APPLICATION NO. 3585 OF 2024 IN FA/829/2021 HANMANT BHANUDAS ALAGULE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.

...

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondents/State : Mrs. M.L. Sangit ...

AND 5 CIVIL APPLICATION NO. 3594 OF 2024 IN FA/151/2021 AND CIVIL APPLICATION NO. 3595 OF 2024 IN FA/149/2021 AND CIVIL APPLICATION NO. 3596 OF 2024 IN FA/150/2021 RASHID PASHASAB SHEKH

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE

COLLECTOR, LATUR ...

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondent/State : Mrs. A.S. Mantri ...

AND 6 CIVIL APPLICATION NO. 3690 OF 2024 IN FA/2157/2020 SAMBHAJI PANDHARINATH KOLPUSE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.

...

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondents/State : Mr. D.B. Bhange ...

CORAM : KISHORE C. SANT, J.

DATE : 11th JUNE, 2024.

PER COURT :

1.

Heard the parties.

2.

These applications are preferred by the Original Claimants for withdrawal of interest amount in respective appeals.

3.

This Court by earlier order had allowed the applicants to withdraw 75% of the amount deposited by the

Acquiring Body in this Court in the First Appeal/s. However, while passing of the order there was no mention of the interest on 75% of the amount deposited.

4.

Learned Advocate for the applicants points out that the orders passed in similar matters, wherein, orders were passed allowing the Claimants to withdraw the amount along with interest. Since there was no mention of the amount of interest in the order, the applicants could withdraw only principal amount.

5.

In view of the fact that other applications are allowed with direction to withdraw the amount alongwith interest, it would be appropriate to allow the present applicants to withdraw the interest accrued on 75% amount deposited in this Court.

6.

Applications are allowed in terms of prayer Clauses (B) and disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/