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Bombay High CourtCA/6148/2018disposed offdismissed for default

Chandrakant Babu Bamankar v. The State Of Maharashtra And ORS

2018-06-19Hon'Ble Shri Justice K. K. Sonawane3 pages

1 925 CA-6148-18 925 CIVIL APPLICATION NO. 6148 OF 2018 THE STATE OF MAHARASHTRA AND OTHERS Advocate for Applicants : Mr. A.T. Ghute AGP for Respondent No. 1& 2: Mr. B.V. Virdhe Advocate for respondent No. 3: Mrs. Geeta L Deshpande Heard learned counsel for the applicants and respondent -Acquiring Body.

Pursuant to directions of this Court the respondent -Acquiring body has deposited 50% of the decreetal amount awarded by the Reference Court. Rest of the balance amount of compensation is yet to be deposited on the part of respondent-Acquiring Body. In such circumstances, there is no impediment to allow the applicants to withdraw the amount deposited in this Court subject to condition that the applicants shall furnish the undertaking to the effect that the entire amount so withdrawn would be refunded in case any exigency arises in this appeal.

Accordingly, the application stands allowed. The applicants are permitted to withdraw the 50% amount deposited in this Court subject to condition of furnishing undertaking as mentioned above. 4.

The civil application is disposed of accordingly.

2 925 CA-6148-18 925 CIVIL APPLICATION NO. 6149 OF 2018 GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATION MINOR IRRIGATION DIVISION AURANGABAD Advocate for Applicants : Mrs. Geeta L Deshpande Advocate for respondent No. 1: Mr. A.T. Ghute AGP for Respondent No. 2: Mr. B.V. Virdhe Present application is filed for requisite directions for accepting the cheque.

Learned counsel for the appellant-Acquiring Body submits that the cheque has already been deposited with permission of this Court. Therefore, there is no propriety to keep the present application alive and same may be disposed of.

In view of aforesaid submission, present application does not survive and the same stands disposed of.

3 925 CA-6148-18 925 CIVIL APPLICATION NO. 6148 OF 2018 THE STATE OF MAHARASHTRA AND OTHERS Advocate for Applicants : Mr. A.T. Ghute AGP for Respondent No. 1& 2: Mr. B.V. Virdhe Advocate for respondent No. 3: Mrs. Geeta L Deshpande Heard learned counsel for the applicants and respondent -Acquiring Body.

Pursuant to directions of this Court the respondent -Acquiring body has deposited 50% of the decreetal amount awarded by the Reference Court. Rest of the balance amount of compensation is yet to be deposited on the part of respondent-Acquiring Body. In such circumstances, there is no impediment to allow the applicants to withdraw the amount deposited in this Court subject to condition that the applicants shall furnish the undertaking to the effect that the entire amount so withdrawn would be refunded in case any exigency arises in this appeal.

Accordingly, the application stands allowed. The applicants are permitted to withdraw the 50% amount deposited in this Court subject to condition of furnishing undertaking as mentioned above. 4.

The civil application is disposed of accordingly.