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Bombay High CourtCA/3589/2020delay condonatedrejected

Baliram Sampati Sonkamble v. M.I.D.C., Thr Its Regional Officer, Midc, Latur And ANR

2021-01-12Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice Abhay Ahuja2 pages

3589.20CA Vdk

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3589 OF 2020 IN FIRST APPEAL (STAMP) NO.18194 OF 2015 Baliram Sampati Sonkamble .....Applicant

Versus

The Maharashtra Industrial Development Corporation through its Regional Officer, MIDC, Latur and another ..... Respondents ...

Mr. V. P. Golewar, Advocate h/f Mr. A. R. Joshi, Advocate for the applicant Mr. S. S. Dande, Advocate for respondent no. 1 Mr. S. P. Sonpawale, AGP for respondent - State ...

[CORAM : SUNIL P. DESHMUKH AND ABHAY AHUJA, JJ.] DATE : 12 th January, 2021 ORDER :

1.

This is an application for withdrawal of accrued interest on the amount deposited pursuant to order dated 9th October, 2015 passed by the court in civil application no. 10490 of 2015 filed in present first appeal.

3589.20CA 2.

Learned counsel for applicant refers to order dated 9th March, 2018 passed by the court in civil application no. 15067 of 2017 in first appeal no. 1328 of 2016 and order dated 10th December, 2020 passed by the court in civil application no. 3590 of 2020 in first appeal no. 308 of 2015 wherein court had allowed withdrawal of accrued interest upon the same terms and condition and 50% of the amount had been released without security whereas balance of 50% of the amount had been allowed to be withdrawn on furnishing security. 3.

In view of the same, it would be appropriate that the applicant be allowed to withdraw 50% of the accrued interest on filing usual undertaking and rest of the 50% accrued interest on furnishing security to the satisfaction of the Registrar (Judicial) of this court.

4.

Civil application is accordingly disposed of. [ABHAY AHUJA] [SUNIL P. DESHMUKH] JUDGE JUDGE vdk/3589.20CA