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Bombay High CourtCA/7263/2015admittedallowedgrantedrule absolute

Bhakti Bhagwan Markandeya And Another v. Venkat Sopan Aylane And Another

2015-09-04Hon'Ble Shri Justice S V Gangapurwala1 pages

962.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7263 OF 2015 IN FA/2027/2014 BHAKTI BHAGWAN MARKANDEYA AND ANOTHER

VERSUS

VENKAT SOPAN AYLANE AND ANOTHER ...

Advocate for Applicants : Mr. Adgaonkar Ravibhushan P Advocate for Respondent No.1 : Mr. S. G. Rudrawar ...

CORAM

:

S. V. GANGAPURWALA, J.

DATE :

4th September, 2015 PER COURT :

1.

The application is for withdrawal of the amount deposited by the respondents under the award. Mr. Rudrawar, the learned counsel opposes the application on the ground that the tribunal has awarded exorbitant compensation amount. Multiplier has been wrongly employed. Income has also been wrongly computed.

2.

The amount deposited is not even 50% of the amount awarded by the tribunal. In the light of that I pass following order: The applicants are allowed to withdraw the amount deposited by the non applicant in the proportion awarded by the Tribunal on submitting the undertaking to this Court that in the event the applicant is directed to deposit the same, the applicant would deposit the same within one month. 3.

The Civil application is disposed of.

( S. V. GANGAPURWALA, J. ) JPC 1/1