Pandurang Sadashiv Dhande Deceased Thr Lrs Leelabai And Others v. Maharashtra Industrial Development Corporation Thr Its Area Manager, Jalgaon And ORS

ca5045.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5045 OF 2016 IN FA/1307/2016 WITH FA/989/2015 PANDURANG SADASHIV DHANDE DECEASED THR LRS LEELABAI AND OTHERS

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THR ITS AREA MANAGER, JALGAON AND OTHERS ...

WITH CIVIL APPLICATION NO. 4019 OF 2016 IN FA/1288/2016 WITH FA/736/2015 WITH FA/738/2015 WITH FA/1287/2016 GOPAL NAMDEV BHIRUD DECEASED LEGAL HEIRS SHANKAR GOPAL BHIRUD AND OTHERS

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THR ITS AREA MANAGER, JALGAON AND ...

Advocate for Applicants : Tripathi Sushilkumar H. AGP for Respondents-State: Mr. K.D. Mundhe Advocate for Respondent No.1 : Mr. S. S. Dande .....

CORAM : V. K. JADHAV, J.

DATED : 15th APRIL, 2016 PER COURT:- 1.

Heard both sides.

2.

This Court, by order dated 03.03.2016 in Civil Application No.2656/2016 in First Appeal St. No.16385/2015, and order dated 16.3.2016 in civil application No. 3355 of 2016 in first appeal (st) No. 16317 of 2015 and other connected applications, allowed the claimants therein to withdraw the amount of compensation. Learned counsel for the applicants submits that these matters are also arising

ca5045.16 -2out of the same group. The same is not disputed by the learned counsel for other side. The learned counsel for the applicants submits that the applicants/original claimants herein have already filed execution petition before the learned Civil Judge, Senior Division, Bhusawal.

3.

In view of this, same course is adopted in the present matters for granting permission to the applicants to withdraw the amount of compensation deposited before this Court by respondent No.1/ Acquiring body. Hence following order:

O R D E R

i.

The applicants are allowed to withdraw 25% of the amount on furnishing undertaking to this Court that in the event the applicants are required to deposit the amount, they would deposit the same within one month.

ii.

The applicants are allowed to withdraw 50% of the amount on furnishing solvent security of the said amount. iii.

The applicants are allowed to withdraw 25% of the amount on furnishing bank guarantee of the said amount. iv. Civil applications for withdrawal are accordingly disposed of. ( V. K. JADHAV, J.) rlj/