← Library
Bombay High CourtCA/4598/2019disposed offdismissed for default

Nagnath Sangram Lohare v. The State Of Maharashtra And ANR

2019-06-28Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

960-ca-4593-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO.4593 OF 2019 IN FA/2923/2018 WITH CA/4598/2019 IN FA/2924/2018 MANOHAR SHIVRAM MULE DIED THR LEGAL HEIRS MANGAL AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr. G.K. Sontakke and Mr. P.G. Sontakke, Advocate for applicants. Mr. S.P. Deshmukh, AGP for respondent No.1.

Mr. M.N. Navandar, Advocate for respondent No.2 ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 28th JUNE 2019 ORDER :

1.

Present applications have been filed for withdrawal of the amount which has been deposited by respondent No.2. The appeal has been filed on the ground that the award passed by the reference Court is excessive or exorbitant.

2.

Taking into consideration the contentions in the appeal and to protect the interest of both the sides, applicants are allowed to withdraw 50% of the amount deposited. The said amount in Civil Application No.4593 of 2019 be further divided equally between applicant Nos.1 and 2 and the share of applicant No.1 together be distributed between 1/1 to 1/6 equally.

960-ca-4593-19.doc 3.

They should file an undertaking that they would make the said amount good, if they are directed at the time of final disposal of the First Appeal.

4.

Civil Applications stand disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/