Maruti Asaram Zinjurde v. The G.M.I.D.C. Ltd. Aurangabad Thr The Exe Director And ANR

1 956 ca 9704-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 9704 OF 2022 WITH FA/3275/2017 MARUTI ASARAM ZINJURDE

VERSUS

THE G.M.I.D.C. LTD. AURANGABAD THROUGH THE EXECUTIVE DIRECTOR AND ANOTHER ....

Advocate for Applicant : Mr. A. M. Hajare Advocate for Respondent No.1 : Ms. Vandana Sadawarte h/f Mr. Anand Chaware AGP for Respondent No.2 : Mr. A. A. Jagatkar CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 29/07/2022.

....

P. C. :

1.

The applicant i.e. original claimant, is seeking withdrawal of entire amount of compensation deposited by the appellant - Acquiring Body in pursuance to the award dated 17/08/2011 in LAR No. 1427 of 2010 (Old LAR No. 234 of 1999). 2.

The learned counsel appearing for the applicant strongly opposed the application. The learned AGP also raised objection for such withdrawal.

3.

Therefore, considering rival submissions and in view of the order dated 04/07/2022 in other similar matter, I pass following order.

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ORDER

a) The applicant is permitted to withdraw 50% of the compensation amount deposited in this court, on furnishing usual undertaking and the remaining 50% on furnishing solvent surety to the satisfaction of the Registrar (Judicial ) of this Court.

b) Accordingly the application stands disposed of. 4.

The learned counsel for the appellants submits that he would take steps for clubbing all these appeals together. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-