Kondabai Haribhau Sul v. M.I.D.C. Thr Regional Officer, Latur And ORS

2024:BHC-AUG:313 18-CA-7280-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7280 OF 2023 IN FIRST APPEAL NO. 2184 OF 2016 Kondabai Haribhau Sul ..APPLICANT

VERSUS

Maharashtra Industrial Development Corporation Through Regional Officer, Latur and Others ..RESPONDENTS ....

Mr. R.D. Biradar, Advocate for applicant Mr. S.S. Dande, Advocate for respondent no.1 Ms. V.S. Chaudhary, A.G.P. for respondent nos.2 and 3 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 08th JANUARY, 2024 PER COURT :

1.

This is an application filed by the original Respondent No.4 for withdrawal of the amount of her share deposited by the acquiring body. It is not disputed by the authority that other respondents are permitted to withdraw the amount to the extent of their share by the Apex Court. 2.

Learned counsel for Respondent No.1 - MIDC has no objection if the applicant is permitted to withdraw the amount of her share. 3.

In view of above admitted position, we pass the following order :- Applicant / original Respondent No.4 is allowed to withdraw the amount of her share i.e. 1/35th which is deposited by the acquiring body in 1 / 2

18-CA-7280-23.odt this Court on the same condition on which the other respondents are permitted to withdraw the amount of their share i.e. 50% on filing undertaking and 50% on furnishing bank guaranty of any nationalised or scheduled bank.

4.

In view of above, civil application stands disposed of. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2