Gundabai Hanmantrao Javir v. Maharashtra State Industrial Development Corporation, Latur And ANR

ca6732.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6732 OF 2016 IN FA/2097/2013 GUNDABAI HANMANTRAO JAVIR

VERSUS

MAHARASHTRA STATE INDUSTRIAL DEVELOPMENT CORPORATION, LATUR AND ANR ...

Advocate for Applicant : Mr. Kulkarni Girish N. (Mardikar) AGP for Respondent-State: Mr. S.R. Yadav .....

CORAM : V. K. JADHAV, J.

DATED : 17th JUNE, 2016 PER COURT:- 1.

Heard learned counsel for the applicant and learned A.G.P. for the respondent-State. None present for respondent acquiring body. 2.

As per the order passed by this Court dated 30.4.2014, the applicant has withdrawn 25% of the total amount on furnishing personal undertaking to this Court and 25% amount on submitting a bank guarantee. The remaining 50% of the amount is lying in this Court.

3.

So, in view of the order passed by the Hon'ble Supreme Court, the applicant is entitled to withdraw an amount to the extent of 50% without any security and the remaining 50% of the amount is permitted to be withdrawn on furnishing security to the satisfaction of

ca6732.16 -2the Collector.

4.

Learned counsel appearing for the applicant submits that, the Bank guarantee furnished by the applicant may be discharged and for remaining 50% of the amount which is lying before this Court, the applicant would submit fresh security to the satisfaction of the Collector.

5.

In view of this, Civil Application is hereby partly allowed. Bank guarantee of the Nationalized bank furnished by the applicant while withdrawing 25% of the amount of enhanced compensation stands discharged. The applicant shall furnish security of the remaining 50% of the amount to the satisfaction of the Collector. Civil Application stands disposed of accordingly.

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