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Bombay High CourtCA/7373/2024admittedallowedgrantedrule absolute

Gangadhar @ Gangaram Sakharam Rokade v. The State Of Maharashtra Thr S.L.A.O Jalna And ORS

2025-03-28Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:9409 1 948.CA.7373-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7373 OF 2024 IN FA/2491/2013 GANGADHAR @ GANGARAM SAKHARAM ROKADE

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O JALNA AND ORS ...

Advocate for Applicant : Mr. V.B. Kulkarni h/f Mr. Usmanpurkar Aniruddha S.

AGP for Respondent No.1/State : Mr. S.M. Ganachari Advocate for Respondent No.2 : Mr. Ruturaj Patil ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

The Applicant is seeking permission to withdraw the amount deposited by the Respondent/Acquiring Body in this Court. Against the award passed by the Reference Court, both the parties have preferred appeals which are pending for final adjudication. The Applicant was permitted to withdraw 60% of the amount vide order dated 28.08.2015. Accordingly Rs.5,15,975/- was withdrawn on furnishing undertaking. Thereafter Rs.3,51,275/- is deposited which is also sought to be withdrawn.

2.

For the reasons stated in the application, I find it fit to permit the Applicant to withdraw 50% of the subsequently deposited amount with accrued interest.

2 948.CA.7373-2024.doc 3.

The Civil Application is allowed partly.

4.

The Applicant is permitted to withdraw 50% of the subsequently deposited amount with accrued interest on furnishing usual undertaking.

SHAILESH P. BRAHME JUDGE NAJEEB..