Rajaram Ganpati Madane Died Thr Lrs Ganpati (Died) Thr Lrs. Gangawati G. Madane And ORS v. M.I.D.C. Thr Regional Officer, Latur And ORS

2024:BHC-AUG:23423-DB 928-CA-6508-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6508 OF 2023 IN FIRST APPEAL NO. 2194 OF 2016 AND CA/6509/2023 IN FA/2187/2016 AND CA/6510/2023 IN FA/2198/2016 AND CA/4821/2024 IN FA/2190/2016 AND CA/10605/2024 IN FA/2195/2016 AND CA/10606/2024 IN FA/2184/2016 Shivaji Rambhau Madane and Others ..APPLICANTS

VERSUS

Maharashtra Industrial Development Corporation Through Regional Officer, Latur and Another ..RESPONDENTS ....

Mr. S.S. Manale, Advocate for applicants Mr. S.S. Dande, Advocate for respondent no.1 Dr. K.B. Patil Bharaswadkar, Addl.G.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 27th SEPTEMBER, 2024 PER COURT :

1.

Civil Application Nos. 4841of 2024, 10605 of 2024 and 10606 of 2024 are not on board. Upon being mentioned taken on board. 2.

These are the applications for giving direction to the registry of this Court to pay the amount of interest accrued on the amount deposited by the acquiring body and subsequently withdrawn by the applicants. There is no dispute that the acquiring body has deposited 75% of the amount awarded 1 / 2

928-CA-6508-23.odt by the reference Court. It is also not in dispute that the entire deposited amount has been allowed to withdraw by the applicants, out of which 50% by way of undertaking and 50% on furnishing security to the satisfaction of the reference Court.

3.

There is no dispute that this Court in Civil Application No. 1949 of 2023 by order dated 15th March, 2024 has allowed the applicants therein to withdraw the proportionate interest on the amount withdrawn by the appellants from time to time. Thus, we see no impediment in allowing the present applications. Therefore, present civil applications are allowed. The period for amount of interest shall be calculated from the date of deposit of the amount to the date of withdrawal of the said amount. The applicants are allowed to withdraw the said interest amount, out of which 50% on undertaking and 50% on furnishing solvent security/surety/bank guaranty to the satisfaction of the Registrar (Judicial) of this Court. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2