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Bombay High CourtCA/5257/2016disposed offdismissed for default

Smt. Irwabai W/O. Kashinath Katke v. The Regional Officer, Maharashtra Industrial Development Corporation Latur And ANR

2016-04-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.5257 OF 2016 IN F.A.NO.2290 OF 2010 Irwabai W/o Kashinath Katke Vs. The Regional Officer, MIDC, Latur and another.

WITH CIVIL APPLICATION NO.5259 OF 2016 IN F.A.NO.2299 OF 2010 WITH CIVIL APPLICATION NO.5262 OF 2016 IN F.A.NO.2296 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.B.Patil, advocate holding for Mr.M.S.Patil, advocate for the applicants.

Mr.S.P.Sonpawale, A.G.P. for the State.

Mr.S.S.Dande, advocate for Respondent No.1.

CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 22.04.2016.

PER COURT :

1.

Heard.

2.

The applicants have filed the present applications for seeking release of the Bank guarantee furnished by the applicants in view of the order dated 31.8.2012, passed by this Court. According

to the learned counsel for the applicants, the Bank is charging 1.5% as Commission. The same is exorbitant. The applicants are ready to furnish security for the whole amount.

3.

The orders passed of submitting security are the discretionary orders. Considering the amount of enhancement granted by the Reference Court, the applicants are allowed to withdraw 50% amount on undertaking and remaining 50% is allowed to be withdrawn on furnishing Bank guarantee. It appears that applicants have also furnished Bank guarantee. 4.

Considering the above, the prayer can not be granted. 5.

The Civil Applications are disposed of.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.22.04.2016.

asp/office/Ca5257.16