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Bombay High CourtCA/3843/2023disposed off

Subhas Shankar Talwar v. The State Of Maharashtra Through Collector, Osmanabad And Others

2023-03-28Hon'Ble Shri Justice Sandipkumar C. More6 pages

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(1) CIVIL APPLICATION NO.3843 OF 2023 IN FIRST APPEAL NO. 2398 OF 2021

(2) CIVIL APPLICATION NO. 3845 OF 2023 IN FIRST APPEAL NO. 2390 OF 2021

(3) CIVIL APPLICATION NO. 3846 OF 2023 IN FIRST APPEAL NO. 2400 OF 2021

(4) CIVIL APPLICATION NO. 3847 OF 2023 IN FIRST APPEAL NO. 2399 OF 2021

(5) CIVIL APPLICATION NO. 3848 OF 2023 IN FIRST APPEAL NO. 2395 OF 2021

(6) CIVIL APPLICATION NO. 3844 OF 2023 IN FIRST APPEAL NO. 2396 OF 2021

(7) CIVIL APPLICATION NO. 3849 OF 2023 IN FIRST APPEAL NO. 2394 OF 2021 Mr. S. N. Patne, advocate for the Applicants Mr. R. B. Bagul, AGP for Respondents No.1 & 2. Mr. R. K. Ingole, advocate for acquiring body. Leave to correct the name of applicant as Subhash instead of Subhas in CA No. 3843 of 2023.

{2} Heard rival submissions.

The respective applicants are seeking withdrawal of their entire amounts of compensation, which have been deposited by the appellant-acquiring body. It appears that the appellant-acquiring body has deposited only 80% of the compensation amounts along with the proportionate interest. The learned Counsel for the acquiring body has strongly opposed the applications on the ground that in connected matters, only 75% compensation amounts were allowed to be withdrawn. However, there is not much difference between 75% and 80% and, therefore, the applicants herein, in these applications, are permitted to withdraw entire 80% deposited amounts along with the interest accrued thereon i.e. 50% on furnishing usual undertaking and 30% on furnishing solvent surety/security to the satisfaction of Registrar (J) of this Court. Civil Applications are disposed of.

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(1) CIVIL APPLICATION NO.10629 OF 2021 IN FIRST APPEAL NO. 2398 OF 2021

(2) CIVIL APPLICATION NO. 10631 OF 2021 IN FIRST APPEAL NO. 2397 OF 2021

(3) CIVIL APPLICATION NO. 10661 OF 2021 IN FIRST APPEAL NO. 2390 OF 2021

(4) CIVIL APPLICATION NO. 10665 OF 2021 IN FIRST APPEAL NO. 2392 OF 2021

(5) CIVIL APPLICATION NO. 10663 OF 2021 IN FIRST APPEAL NO. 2391 OF 2021

(6) CIVIL APPLICATION NO. 10586 OF 2021 IN FIRST APPEAL NO. 2400 OF 2021

(7) CIVIL APPLICATION NO. 10588 OF 2021 IN FIRST APPEAL NO. 2399 OF 2021

(8) CIVIL APPLICATION NO. 10597 OF 2021 IN FIRST APPEAL NO. 2395 OF 2021

(9) CIVIL APPLICATION NO. 10601 OF 2021 IN FIRST APPEAL NO. 2396 OF 2021

(10) CIVIL APPLICATION NO. 10590 OF 2021 IN FIRST APPEAL NO. 2393 OF 2021

(11) CIVIL APPLICATION NO. 10593 OF 2021 IN FIRST APPEAL NO. 2394 OF 2021 Mr. R. K. Ingole, advocate for the Applicant Mr. S. N. Patne, advocate for the Respondents-claimants.

{4} Since the appellant-acquiring body has deposited the compensations amounts, in all these matters, as directed by this Court, the applications are made absolute in terms of prayer clause (B) and disposed of.

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(1) FIRST APPEAL NO. 2398 OF 2021

(2) FIRST APPEAL NO. 2397 OF 2021

(3) FIRST APPEAL NO. 2390 OF 2021

(4) FIRST APPEAL NO. 2392 OF 2021

(5) FIRST APPEAL NO. 2391 OF 2021

(6) FIRST APPEAL NO. 2400 OF 2021

(7) FIRST APPEAL NO. 2399 OF 2021

(8) FIRST APPEAL NO. 2395 OF 2021

(9) FIRST APPEAL NO. 2396 OF 2021

(10) FIRST APPEAL NO. 2393 OF 2021

(11) FIRST APPEAL NO. 2394 OF 2021 Mr. R. K. Ingole, advocate for the Appellant Mr. S. N. Patne, advocate for the Respondents-claimants. Heard.

Admit.

Call Record and Proceedings.

{6} The learned Counsel Mr. S. N. Patne, waives service for all the respondents-claimants.