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Bombay High CourtCA/8130/2016admittedallowedgrantedrule absolute

Dr. Chimandas Asanand Gursahani Died Through Lrs Dr. Sarita And Others v. State Of Maharashtra And Others

2016-09-20Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 8130 OF 2016 IN FA/1770/2014 DR. CHIMANDAS ASANAND GURSAHANI DIED THROUGH LRS DR. SARITA AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Shrikant Kulkarni, Adv. h/for Mr. Kulkarni D K Mr. SP Deshmukh, AGP for Respondents:1;

Mr. Nikhil S.Jaju, Adv. h/for Mr. A S Bajaj For R/2.

=== CORAM : P.R.BORA, J.

DATE :

th September,2016.

PER COURT:

1) Heard. The learned Counsel appearing for the appellant/Corporation, tendered across the Bar the Say to the application for withdrawal of the amount. It is taken on record.

2) Considering the averments made in the application for withdrawal of the amount and the objections raised in the say so filed by the appellant/Corporation, I deem it appropriate to pass the following order, -

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount in this court on submitting an undertaking that in the event any adverse order is passed against them in the appeal, they will re-deposit the amount within four months of passing such order;

ii) Balance 50% amount be invested in a Fixed Deposit Receipts in any Nationalized Bank, till disposal of the appeals.

iii) The Civil Application for withdrawal of the amount is partly allowed and disposed of.

3) Call R and P.

4) Hearing of the appeal is expedited. The original claimants are permitted to file a private paper book on record.

(P.R.BORA) JUDGE bdv/