Bhagwan Madhavrao Patil And ORS v. The State Of Maharashtra And ANR

907 ca.6728.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO.6728 OF 2020 IN FA/414/2020 BHAGWAN MADHAVRAO PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Ajeet B. Kale.

AGP for Respondent/State: Mr. S. N. Morampalle. Advocate for Respondent No.3 : Mr. G. S. Khaire, h/f Mr. S. S. Dande. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants.

Heard Mr. Kale, learned counsel for the applicants, Mr. Khaire, holding for Mr. Dande, learned counsel for respondent No.3/acquiring body and Mr. Morampalle, learned AGP for respondent Nos. 1 and 2. Mr. Kale, learned counsel for applicants seeks leave to place on record copy of order passed in Civil Application No.6726 of 2020 with connected matters by this Court (Coram : V. K. Jadhav, J.) dated 4th November, 2020. Leave granted. The copy of order is taken on record and marked as 'X' for identification.

907 ca.6728.20.odt Mr. Kale, learned counsel for the applicants submits that this Court was pleased to allow the claimants in the above said group to withdraw 50% of the amount of compensation on furnishing undertaking and seeks similar relief.

Mr. Khaire, holding for Mr. Dande, learned counsel for respondent No.3/acquiring body and Mr. Morampalle, learned AGP for respondent Nos. 1 and 2 fairly conceded this position. There is no reason to take any different view. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed as under:

II.

The applicants are permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

III.

Remaining 50% balance amount shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause. V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga