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Bombay High CourtCA/7145/2015admittedallowedgrantedrule absolute

Rukminibai Baburao Wadkar v. The State Of Maharashtra And Another

2015-07-10Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 7145 OF 2015 IN FA/2297/2013 RUKMINIBAI BABURAO WADKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Patil Mahesh S.

Mr. NB Patil, AGP for Respondent No.1;

Mr.S G Sangle, Adv. For R/2 ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 10, 2015 ...

PER COURT :- 1) Heard. It appears that the learned Additional District Judge has misconstrued the order passed by us in CA No.480/2015 in FA No.2266/2013.

2) This Court permitted the applicants/claimants to withdraw 50% amount out of the amount deposited by the acquiring body by furnishing an undertaking; whereas the balance 50% out of the amount deposited by the acquiring body, was permitted to be withdrawn on furnishing solvent security or a Bank guarantee in the like amount. It is thus clear that total amount deposited by the respondents is permitted to be withdrawn by the claimants.

3) The learned Additional District Judge shall pass appropriate orders and comply with the directions issued by us in CA No. 480/2015.

4) Civil Application is disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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