Laxmibai Prabhuappa Nigudge, L.Rs. Gaurishankar And Others v. The State Of Maharashtra Thr. Collector Osmanabad And ANR

2024:BHC-AUG:13524 22-ca4597.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4597 OF 2024 IN FA/2263/2014 Nivarti Bapurao Mehtre, L.Rs. Vishwanath Nivarti Mhetre

Versus

The State Of Maharashtra, Through Collector Osmanabad And Anr WITH CIVIL APPLICATION NO. 4599 OF 2024 IN FA/2262/2014 WITH CIVIL APPLICATION NO. 4598 OF 2024 IN FA/2260/2014 ---- Mr.R.P.Adgaonkar, Advocate for applicants Mr.S.S.Dande, AGP for State ----

CORAM

:

R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

JULY 05, 2024 ORDER :- By these applications, the applicants/claimants pray for withdrawal of amount of interest, which is lying with this court. 02.

Learned counsel for the applicants submits that the applicants were permitted to withdraw the principle amount along with 50% of the interest amount. He submits that the remaining 50% of the interest amount may be permitted to be withdrawn.

22-ca4597 03.

Learned AGP opposes the application. He submits that if the applicants are permitted to withdraw the interest amount, it will be difficult for the State to recover the same, in case the appeals fail. 04.

It is not disputed that this Court had permitted the applicants to withdraw the principle amount along with 50% of the interest amount. Thereafter, the remaining 50% of the interest amount has been permitted to be withdrawn pursuant to the order of the Apex Court.

05.

The applicants are ready to furnish solvent surety/ security against withdrawal of the interest amount. 06.

In view of the above, we permit the applicants to withdraw remaining amount of interest, lying with this court, subject to furnishing solvent surety/security. The applications stand disposed of.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP