Umrao Shankar Ghotkar v. The State Of Maharashtra Through The Collector Osmanabad And ORS

1 933CA4362.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

933 CIVIL APPLICATION NO. 4362 OF 2025 IN FA/1852/2021 Umrao Shankar Ghotkar

VERSUS

The State Of Maharashtra Through The Collector Osmanabad And Ors ...

Mr. Laxmikant C. Patil - Advocate for Applicant Mr. R. B. Dhaware - AGP for State Mr. Gulab B. Rajale - Advocate for Respondent No. 3 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 25TH APRIL 2025 PER COURT : - 1.

This is an Application by the Original Claimant / Respondent in the Appeal filed by the Acquiring Body, for withdrawal of the remaining 25% amount deposited by the Acquiring Body along with interest accrued thereon.

2.

It is submitted by the learned Advocate for the Applicant/Claimant that this Court had permitted the Applicant/Claimant to withdraw 75% amount by order dated 30th August, 2021, which reads as under : - "ORDER The Applicants are permitted to withdraw 75% of the amount deposited in this Court on following terms:- (a) 50% of the amount be paid on furnishing undertaking on usual terms.

(b) 25% of the amount be paid on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court." SG Punde

2 933CA4362.2025.odt 3.

He submits that he be permitted to withdraw the remaining 25% amount along with interest accrued thereon and Applicant is ready to furnish solvent security / surety against the said withdrawal. He submits that in the similar matters arising out of the same project, this Court by order dated 27.03.2025 passed in Civil Application Nos. 6416 of 2024 in First Appeal No. 3865 of 2019 and connected Applications, and by order dated 8th April, 2025 passed in Civil Application No. 3360 of 2025 in First Appeal No. 3319 of 2017 and connected Applications, permitted the Applicants therein to withdraw the remaining amount. 4.

The aforesaid position is not disputed by the learned Advocate for the Acquiring Body and learned AGP for the State. 5.

In view of the above undisputed factual aspect, the Application is allowed in terms of prayer clause 'B' thereof. The Applicant shall furnish solvent security / surety against the said withdrawal of 25% amount to the satisfaction of the Registrar (Judicial) of this Court.

6.

Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 28/04/2025 18:55:51 SG Punde