Eknath Sandu Patil Died Thr Lrs Sakubai Eknath Patil And ORS v. The District Collector, Jalgaon And ORS
2025:BHC-AUG:10823 960-CA-6692-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 6692 OF 2024 IN FA/1048/2022 Eknath Sandu Patil Died Thr Lrs Sakubai Eknath Patil and Ors.
....Applicants
VERSUS
The District Collector, Jalgaon and Ors.
.....Respondents .....
Ms. S. A. Kale h/f Mr. Kale Ajeet B., Advocate for Applicants Mr. R. B. Dhaware, AGP for the Respondent Nos.1 to 3 - State Mr. A. D. Pawar, Advocate for Respondent Nos.4 and 5 .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
09.04.2025 PER COURT :
[I] ORDER IN CIVIL APPLICATION :- 1.
This is an Application for withdrawal of the amount by the Original Claimants, who are the Respondents in the Appeal fled by the Acquiring Body.
2.
Heard the learned Advocate for the Applicants, learned AGP for the Respondents - State and the learned Advocate for Respondent Nos.4 and 5 - Acquiring Body.
3.
There is no dispute that, the Applicants were permitted to withdraw 27% of the amount under the Award, which was deposited by the Acquiring Body. There is also no dispute that, remaining 73% balance amount under Award was deposited by the Acquiring Body. There is also no dispute that, certain amount has been permitted to be withdrawn by the Applicants, which comes to 23%. There is no dispute that, the total amount under the Award goes to Rs.3,63,20,077/-. There is no further dispute that, out of the said amount, the Applicants have withdrawn Rs.1,65,71,019/- and the remaining amount comes to Rs.1,97,49,058/-. Sameer/April-2025
960-CA-6692-2024.odt 4.
The learned Advocate for the Applicants submits that, out of the said remaining amount, the Applicants be permitted to withdraw 75% amount against undertaking for 50% amount and solvent surety / security for 25% amount.
5.
The learned Advocate for the Acquiring Body submits that, the remaining amount after withdrawal be invested in fied deposits in any Nationalized Bank.
6.
In view of the above, the Application is partly allowed. The Applicants are allowed to withdraw 75% amount of the remaining amount i.e. Rs.1,97,49,058/-. The Applicants shall furnish usual undertaking before the Registrar [Judicial] of this Court against 50% amount and furnish solvent surety / security against withdrawal of 25% amount. The remaining amount after the said withdrawal be invested in fied deposits in any Nationalized Bank on yearly basis, which shall be renewed from time to time till the Appeal is decided.
7.
Civil Application stands disposed off accordingly. [II] ORDER IN FIRST APPEAL :- 1.
Heard.
2.
Admit.
3.
Issue notice to the Respondents. The learned AGP waives service of notice for Respondent Nos.1 to 3 - State and the learned Advocate Mr. Pawar waives service of notice for Respondent Nos.4 and 5.
4.
Call for Record and Proceedings with Paper-book. Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 15/04/2025 12:19:47 [NEERAJ P. DHOTE, J.] Sameer/April-2025