Dasrao Martandrao Inamdar (Deceased) Thr Lrs Vilas Inamdar And ANR v. The State Of Maharashtra Thr Collector, Osmanabad And ANR
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.6702 OF 2020 IN FA/291/2015 WITH CA/2502/2017 IN FA/291/2015 SHIVAJI MAHADU SONTAKKE (DECEASED) THR LRS KANTABAI SONTAKKE AND ORS
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ANR ...
AND 910 CIVIL APPLICATION NO.837 OF 2021 IN FA/340/2015 DASRAO MARTANDRAO INAMDAR (DECEASED) THR LRS VILAS INAMDAR AND ANR
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ANR ...
AND 911 CIVIL APPLICATION NO.9405 OF 2021 IN FA/2103/2014 JEEVAN RAJU BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND ANOTHER ...
AND 912 CIVIL APPLICATION NO.9433 OF 2021 IN FA/306/2015 VENKAT NAGORAO GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
*2* OSMANABAD AND ANOTHER ...
Advocate for the Applicants : Shri N.B.Khandare. AGP for Respondent 1 in CA 6702/20 & 9433/21 : Shri S.R. Yadav Lonikar AGP for Respondent 1 in CA 837/21 : Shri S.B. Pulkundwar AGP for Respondent 1 in CA 9405/21: Shri S.B. Yawalkar Advocate for Respondent 2 : Shri S.S. Dande ...
CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.
DATE :- 24th September, 2021 Per Court :- 1.
In Civil Application No.6702/2020, we permit applicant No.2 to add her maiden name along with her existing marital name. Addition shall be carried out forthwith. 2.
By all these Civil Applications, the applicants pray for withdrawal of amounts towards interest that have accumulated on the award amounts deposited in the Bank. 3.
We have heard the learned advocates for the respective sides. Under the orders of the Honourable Supreme Court, entire amounts have been deposited and in the matters of similarly situated applicants in Civil Application No.6305/2020 in First Appeal No.2096/2014 and connected matters, this Court
*3* has passed the order on 12.08.2021, permitting withdrawal of amounts.
4.
It is, therefore, submitted that same terms and conditions may be imposed even to the extent of withdrawal of interest amounts meaning thereby, 50% of the interest amount shall be withdrawn by tendering an affidavit as set out in direction 6(a) of the order dated 12.08.2021 and the remaining amount of interest by furnishing security to the satisfaction of the learned Registrar (Judicial) of this Court. 5.
In view of the above, this Civil Applications are allowed with the following directions :- (a) Similar to the earlier directions for withdrawal, the applicants would withdraw 50% of the interest amount by tendering an affidavit undertaking stating therein that if these applicants suffer an adverse order in this litigation, they would redeposit those amounts, in this Court within 8 weeks, failing which, this Court would impose interest.
(b) The remaining interest amount can be withdrawn by these applicants by furnishing security to the satisfaction of the learned Registrar (Judicial) of this Court, as the amounts are deposited at Aurangabad.
*4* (c) The applicants would tender a copy of their Aadhar Cards duly attested and would be identified by the concerned advocates at the time of the withdrawal of the interest amounts. In addition, they would also tender a recent colour photograph alongwith the application for withdrawal.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)