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Bombay High CourtCA/8947/2016disposed offdismissed for default

Namdeo Vithoba Chame v. Regional Manager, Maharashtra Industrial Development Corporation Latur Division Latur And ANR

2016-06-24Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

CA 8947/16 in FAST 1754/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8947/2016 IN FIRST APPEAL (St) NO.1754/2016 Namdeo Vithoba Chame.

...Applicant..

Versus

Regional Manager, Maharashtra Industrial Development Corporation, Latur Division, Latur & another.

...Respondents...

.....

Shri G.K. Sontakke, 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 furnishing personal undertaking to this Court that

CA 8947/16 in FAST 1754/16 - 2 - 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/c2461641.doc