Rajkumar Hariba Shinde v. The State Of Maharashtra Through The Collector, Osmanabad And Others

939-CA-7889-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7889 OF 2021 IN FIRST APPEAL NO. 905 OF 2020 Rajkumar Hariba Shinde ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 7890 OF 2021 IN FIRST APPEAL NO. 907 OF 2020 ....

Mr. L.C. Patil, Advocate for applicants Mr. P.M. Kulkarni, A.G.P. for respondent - State Mr. S.D. Shelke, Advocate for respondent no.3 ....

CORAM : R.G. AVACHAT, J.

DATED : 12th AUGUST, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the acquiring body has objection to permit withdrawal of amount.

3.

In connected matters, the applicants therein were permitted to withdraw entire amount deposited in this Court, 75% on undertaking and 1 / 2

939-CA-7889-21.odt 25% as against bank guaranty. The applicants therein lateron got modified the said order by replacing the condition of bank guaranty with solvent surety/security.

4.

It is informed that the applicants herein are unable to furnish bank guaranty. I am not inclined to permit the applicants to withdraw 25% of the amount against solvent surety/security. In these circumstances, they are permitted to withdraw only 75% of the amount deposited in this Court on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court. Balance 25% amount be invested in fixed deposit in any nationalised bank till disposal of the appeals. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2