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Bombay High CourtCA/4185/2025admittedallowedgrantedrule absolute

Rameshwar Krishna Todkari And ANR v. The State Of Maharashtra And Others

2025-04-15Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:11177

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

38 CIVIL APPLICATION NO. 4185 OF 2025 IN FA/3567/2019 Rameshwar Krishna Todkari And Anr

Versus

The State of Maharashtra And Another .....

Shri. Laxmikant C. Patil, Advocate for the Applicants Shri. Rajdeep D. Raut, AGP for Respondent No.1 Shri. Sujeet G. Karlekar, Advocate for Respondent No.2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 15, 2025 PER COURT :- .

This is the subsequent Application by the Applicants / Orig. Claimants for withdrawal of remaining 25% amount deposited by the Acquiring Body with this Court.

2.

Heard the learned Advocate for the Applicants, the learned AGP for Respondent No.1 and learned Advocate for Respondent No.2. 3.

There is no dispute that the Acquiring Body deposited the entire 100% amount under the Award. There is also no dispute that compensation enhanced by the learned Reference Court is up to five (5) times the compensation granted by the Spl. Land Acquisition Officer. There is no dispute that, by order dated 05.12.2019 the Applicants were permitted to withdraw 75% of the amount deposited by the Acquiring Body, out of which 50% by way of furnishing undertaking on usual

terms and 25% by furnishing Solvent Surety. Now, for the remaining 25% amount the Applicants are ready to furnish Solvent Surety / Security. In this view of the matter, the Application is allowed in terms of prayer clause 'B', subject to the Applicants furnishing the Solvent Security / Surety to the satisfaction of the Registrar (Judicial) of this Court.

4.

The Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 19/04/2025 09:30:02