Harischandra Goma Rathod v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CA/5114/2015 IN FA/1948/2014 ...

HARISCHANDRA GOMA RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Mahesh S.Patil Mr. NB Patil, AGP; for Respondent/s.

__________ CORAM : R.M.BORDE & P.R.BORA,JJ.

DATE : 12 th JUNE, 2015.

PER COURT :

1) Heard.

This is an application seeking withdrawal of the amount deposited by the Respondent/State (Appellant in First Appeal). The State Government was directed to deposit an amount to the extent of 75% out of the decreetal amount; and in pursuance of the directions, the State Government has deposited Rs.12,78,426/- in this Court.

2) Considering the facts and circumstances, ends of justice would be met, if the applicant is permitted to withdraw 50% of the amount, out of the amount deposited by the State Government, on a condition of tendering an undertaking to the court that in the event of success of the appeal, he/she would re-deposit the amount; and the balance amount of 50%, out of the amount deposited by the State in this court, shall be permitted to be withdrawn on furnishing a solvent security for the like amount. 3) Civil Application is disposed of.

(P.R.BORA) (R.M.BORDE) JUDGE JUDGE bdv/