Pandurang Shivaji Chikate v. The Chief Engineer (Construction) Central Railway, Mumbai And ORS

ca4615.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4615 OF 2016 IN FA/202/2014 PANDURANG SHIVAJI CHIKATE

VERSUS

THE CHIEF ENGINEER (CONSTRUCTION) CENTRAL RAILWAY, MUMBAI AND ORS ...

Advocate for Applicants : Mr. Patil B. N.

Advocate for Respondent No.1: Mr. D.V. Soman AGP for Respondent-State : Mr. K.N. Lokhande .....

CORAM : V. K. JADHAV, J.

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

Learned counsel for the applicant submits that this Court by order dated 29.1.2016 in civil application No. 1064 of 2016 in first appeal No. 197 of 2014 allowed the claimants to withdraw 75% amount of compensation alongwith statutory benefits subject to furnishing undertaking by the claimants. Learned counsel submits that this appeal is also from the same group. Learned counsel for the respondent submits that the respondent acquiring body has no objection if similar order is passed.

2.

In view of this statement, the applicant original claimant is hereby permitted to withdraw 75% of compensation alongwith statutory benefits subject to furnishing undertaking by the claimants

ca4615.16 -2to deposit the amount with the same rate of interest if the acquiring body succeeds in the appeal. The remaining 25% amount shall be kept in fixed deposit initially for period of three years. 3.

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/