Vitthal Namdeo Jaiwal v. The State Of Maharashtra And ANR

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9094 OF 2022 IN FIRST APPEAL NO. 554 OF 2020 VITTHAL NAMDEO JAIWAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. D.A. Bide AGP for Respondent No.1 : Mr. P.M. Kulkarni ....

CORAM : S.G. DIGE, J.

DATE : 5th July, 2022 ORDER :

.

Heard learned Counsel for applicant and learned AGP for respondent No.2.

2.

Learned Counsel for applicant submits that, in connected group of matters this Court allowed withdrawal of 75% amount, hence, applicant be permitted to withdraw the 75% amount. Learned Counsel for applicant has tendered the copy of order dated 3rd March, 2022 passed by this Court (Coram : Shrikant D. Kulkarni, J.) in Civil Application No.2082 of 2022 in First Appeal No.555 of 2020 and other connected Civil Applications. In these applications the Court

{2} has allowed to withdraw 75% amount out of deposited amount.

3.

Learned A.G.P. has not disputed the same fact. 4.

Considering the submissions of learned Counsel and learned A.G.P. as well as this Court has allowed to withdraw 75% amount in connected group of matters, hence, I pass the following order :

ORDER

a.

Application is allowed.

b.

Applicant/claimant is permitted to withdraw 75% of the compensation amount with accrued interest thereon and out of it, 50% on furnishing usual undertaking and 25% on furnishing security/surety to the satisfaction of the Registrar (Judicial) of this Court.

c.

After furnishing such undertaking and surety/security, the Registry to make payment to the claimant as per the procedure.

d.

Remaining 25% of the compensation amount with accrued interest thereon shall be invested in

{3} fixed deposit account in any Nationalieed Bank initially for a period of one year with renewal clause.

e.

Accordingly, the application is disposed of.

[S.G. DIGE] JUDGE