Tukaram Balu Chame Thr His Gpa Holder Vaijnath Tukaram Chame v. Midc Thr Its Divisional Officer, Division Office, Latur And ANR

CA 8957/16 in FA 1616/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8957/2016 IN FIRST APPEAL NO.1616/2016 Tukaram Balu Chame, through his GPA Holder Vaijnath Tukaram Chame.

...Applicant..

Versus

MIDC, through Divisional Office, Latur & another.

...Respondents...

.....

Shri Girish N. Kulkarni (Mardikar), Advocate for applicant.

Shri S.S. Dande, Advocate for respondent no.1. Shri M.B. Bharaswadkar, AGP for the State.

.....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 24.06.2016 ORDER :

1] This is an application seeking withdrawal of the amount deposited by the acquiring body in this Court. 2] Considering the order passed by this Court in identical matters, we direct as follows:- a] The applicant shall be permitted to withdraw 25% of the amount out of the total amount deposited on

CA 8957/16 in FA 1616/16 - 2 - furnishing personal undertaking to this Court that in the event of success of appeal, he will refund the amount within a period of one month from the date of issuance of such order.

b] The applicant is permitted to withdraw further sum of 25% deposited, on furnishing solvent surety in the like amount.

c] The applicant is permitted to withdraw further sum of 25% out of the amount deposited on furnishing bank guarantee of a Scheduled Bank or Nationalized Bank in the like amount.

d] Balance 25% amount out of the total amount deposited by the acquiring body in this Court shall be invested in fixed deposit receipts initially for a period of three years and the fixed deposit receipts be renewed thereafter until disposal of appeal.

3] Civil application stands disposed of accordingly. (K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c2461630.doc