Yasin Husain Shaikh v. The State Of Maharashtra And ORS

{1} 3CA7586-18 & Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO. 7586 OF 2018 IN FA/3811/2017 YASIN HUSAIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 7587 OF 2018 IN FA/3810/2017 JEEVAN BABURAO KSHIRSAGAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS In both Applications Advocate for Applicant : Mr. Shaikh Shoyab AGP for Respondent/State : Mr. A.P. Basarkar Advocate for Respondent No. 3: Mr. S.G. Sangle CORAM : A.M. DHAVALE, J.

DATE: 31st JULY, 2018 PER COURT:- 1.

Heard learned advocates for the parties. Produced the Judgment of the trial court granting interest till the date of Award seems not proper. The reliance is placed on Full Bench Judgment in Ramesh Tukaram with other connected matters 2018 ALL MR 445.

{2} 3CA7586-18 & Anr.

2.

The interest should have been awarded from the date of award and not from the date of application. 3.

The applications are partly allowed.

4.

The applicants are permitted to withdraw the amount of compensation deposited, excluding the interest amount from the date of notification till the date of award. Further request for interest @ 9 % per annum and 15% per annum for the subsequent period is allowed subject to this deduction. 50 % amount shall be paid on furnishing Personal Undertaking and the remaining 50 % amount shall be paid subject to producing solvent surety to the satisfaction of the Registrar (Judicial).

5.

Civil Applications stand disposed of.

( A.M.DHAVALE, J ) mta