Shrimant Krishnaji Birajdar v. Midc Through Its Regional Officer Midc, Latur And ANR

3590.20CA vdk

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3590 OF 2020 IN FIRST APPEAL NO. 308 OF 2015 Shrimant Krishnaji Birajdar ...Applicant

Versus

Maharashtra Industrial Development Corporation through its Regional Officer and Others ... Respondents ...

Mr. V. P. Golewar, Advocate h/f Mr. A. R. Joshi, Advocate for the applicant Mr. S. P. Sonpawale, AGP for respondent - State ...

[CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.] DATE : 10 th December, 2020 ORDER :

1.

This is an application for withdrawal of accrued interest on the amount deposited pursuant to order dated 10 October, 2014 passed by the court in civil application no. 9784 of 2014 in first appeal no. 308 of 2015.

2.

Learned counsel for applicant refers to order dated 9th March, 2018 passed by the court in civil application no. 15067

3590.20CA of 2017 in first appeal no. 1328 of 2016, 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and 50% of the amount had been released without security whereas balance of 50% of the amount had been allowed to be withdrawn on furnishing security. 3.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. [R.G. AVACHAT] [SUNIL P. DESHMUKH] JUDGE JUDGE vdk/3590.20CA