Utkarsh Co Op. Housing Society Ltd. Thr Its Secretary Prabhakar Murlidharrao Neb v. State Of Maharashtra And Others

C.A.No.7339.15ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.7339 OF 2015 IN FIRST APPEAL NO.839 OF 2014 WITH CIVIL APPLICATION NO.7338 OF 2015 IN FIRST APPEAL NO.841 OF 2014 Utkarsh Co-op. Housing Society Ltd., Nakshtrawadi, Aurangabad through its Secretary ..

Applicant

Versus

State of Maharashtra and ors.

..

Respondents Mr P.R. Tandale, Advocate for applicant Mr P.P. More, AGP for respondent No.1 - WITH - FIRST APPEAL NO.1148 OF 2015 - WITH - FIRST APPEAL NO.1149 OF 2015 The Aurangabad Municipal Corporation, Aurangabad through its Commissioner ..

Appellant

Versus

Utkarsh Gruh Nirman Co-op.

Housing Society, Nakshtrawadi, Aurangabad through its Secretary and ors.

..

Respondents Mr A.R. Salve, Advocate for appellant Mr P.P. More, A.G.P. for respondent No.2

C.A.No.7339.15ca CORAM : N.W. SAMBRE, J.

DATE : 20th July 2015 PER COURT Heard.

2.

These are applications by the appellants for withdrawal of the amount.

3.

Applications are objected by the learned A.G.P. for acquiring body on the ground that the enhancement as was granted is exorbitant and the appeals of the acquiring body are already admitted.

4.

In my opinion, it will be appropriate to allow the applicants to withdraw the amount to the extent of 50% as awarded by the reference Court.

5.

Applications stand allowed in above terms.

( N.W. SAMBRE, J.) vvr