Dilip Parshuram Gund v. The State Of Maharashtra, Through The Collector, Osmanabad And Others

987-CA-4650-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4650 OF 2021 IN FIRST APPEAL NO. 3139 OF 2018 Dilip Parshuram Gund ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for applicant Mr. P.M. Kulkarni, A.G.P. for respondent - State Mr. P.S. Patil, Advocate for respondent no.3 ....

CORAM : R.G. AVACHAT, J.

DATED : 16th JULY, 2021 PER COURT :

1.

Heard.

2.

Learned A.G.P. and learned counsel for the respondent has strong objection to permit withdrawal of 100% of the amount under award. In connected matters this Court has permitted withdrawal of 75% of the amount. In view of same, following order is passed :-

ORDER

(I) Civil application is partly allowed.

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987-CA-4650-21.odt (II) The applicant is permitted to withdraw 50% of the deposited amount under award, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. (III) The applicant is also permitted to withdraw further 25% of the amount on submitting solvent surety/security/bank guaranty in the like amount.

(IV) Balance 25% amount be invested in fixed deposit in any nationalised bank for the period till disposal of appeal. (V) Civil application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2