Mohan Shankar Naiknaware (Died) Thr Lrs Padmasinh And ORS v. The State Of Maharashtra And ORS

2025:BHC-AUG:13481 1 923.CA-6766-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 6766 OF 2019 IN FA/4293/2016 MOHAN SHANKAR NAIKNAWARE (DIED) THR LRS PADMASINH AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

Advocate for the Applicants : Mr. Jaybhay Bibhishan R. AGP for Respondent/State : Mr.Chaitali Choudhari Kutti Advocate for Respondent No.1 : Mr.M.R.Surwase ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 6th MAY 2025 PER COURT :

.

Applicants are seeking permission to withdraw the balance amount with accrued interest. It is a first appeal of the acquiring body which has deposited the awarded amount. By order dated 22.11.2016, applicants were permitted to withdraw 40% of the amount. Balance amount was directed to be invested in a fixed deposit in any Nationalized bank. They are claiming permission to withdraw the balance amount with accrued interest. 2.

It is brought to my notice that in similarly situated matter, this Court vide order dated 24.01.2025 permitted to withdraw 35% amount alongwith accrued interest on furnishing solvent surety. I propose to adopt the same course.

2 923.CA-6766-2019.doc 3.

Civil application is allowed partly.

4.

Applicants are permitted to withdraw 35% of the amount alongwith accrued interest with one solvent surety/security. [ SHAILESH P. BRAHME, J.] vsj..