Anil Dattatraya Kulkarni (Deceased) Thr Lrs. Anjali And ORS v. Deputy Chief Engineer, Central Railway, Pune And Others

{1} 18-ca5423.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5423 OF 2023 IN FIRST APPEAL ST. NO. 30225 OF 2017 Anil Dattatraya Kulkarni (deceased) through L. Rs & others Applicants

Versus

Deputy Chief Engineer, Central Railway, Pune & others Respondents Mr. A. N. Nagargoje, advocate for the Applicants Mr. M. N. Navandar, advocate for Respondent No.1. Mr. S. N. Kendre, AGP for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th June, 2023.

PC :

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-acquiring body. However, under order dated 10.12.2018, this Court in other connected matters, has granted withdrawal of 75% of the compensation amount to the applicants therein.

In view of the same, the applicants herein are permitted to withdraw 75% of the deposited amount along

{2} 18-ca5423.23.odt with proportionate interest accrued thereon i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of Registrar (J) of this Court. The remaining amount of 25% be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb