Vinod Dattatray Ganjewar v. The State Of Maharashtra And ANR

1 CA-6525-2020-925

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CA/6525/2020 IN FA/326/2020 WITH CA/6524/2020 IN FA/327/2020 WITH CA/6528/2020 IN FA/330/2020 WITH CA/6527/2020 IN FA/329/2020 WITH CA/6526/2020 IN FA/328/2020 ASHOK DATTATRAY GANJEWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Ms. Kutti Choudhary Chaitali R. AGP for Respondents : Mr. Kulkarni P.M.

...

CORAM : ANIL S. KILOR, J.

DATE : 06-04-2021 ORDER :

1.

These are the Applications moved by the claimants for withdrawal of the amount deposited by the Acquiring Body in this Court. 2.

Heard learned Counsels for the respective parties. 3.

Learned counsel for the claimants-applicants submits that for the reasons stated in the Applications, this Court may allow the applicants to withdraw the amount.

4.

Learned counsel for the Acquiring Body opposes the Applications and states that if the amount is permitted to be withdrawn by

2 CA-6525-2020-925 the applicants and in case the Acquiring Body succeeds in the present matters, it will be difficult for the Acquiring Body to recover the amount. 5.

In the above backdrop, to strike the balance between the rights of the parties, I am of the considered view that if the applicants are permitted to withdraw 50% of the amount deposited by the Acquiring Body in this Court, justice would be subserved.

6.

In that view of the matter, the Applications are partly allowed. The applicants are permitted to withdraw 50% of the amount deposited by the Acquiring Body in this Court, on furnishing undertaking to the effect that in the event, the decision in first appeals goes adverse to their interest, they would redeposit the amount within the stipulated period. 7.

Civil Applications are disposed of.

[ ANIL S. KILOR ] JUDGE arp/