Sopan Daji Gadhave Died His Lrs Narayan Sopan Gadave And Others v. The State Of Maharashtra And Another

1 CA6336.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 6336 OF 2025 IN FIRST APPEAL NO. 3949 OF 2019 Sopan Daji Gadhave, Died, His LRs Narayan Sopan Gadave & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

......

Mr. Barate Annasaheb Rajendra - Advocate for the Applicants Mr. P. K. Lakhotiya - AGP for Respondent/State .......

CORAM : NEERAJ P. DHOTE, J.

DATED : 20TH JUNE 2025 PER COURT : - 1.

This is an Application in the disposed off Appeal by the Respondent / Legal representatives of the Original Claimant. 2.

It is submitted by the learned Advocate for the Applicants that, though the Appeal is disposed off, there are no directions to the office to permit the Applicants/Respondents (Original Claimants) to withdraw the amount.

3.

Learned AGP appearing for the State submits that, since this Court by order dated 28th April, 2025 passed in Civil Application No. 4542 of 2025, had allowed the Applicants to withdraw the entire SG Punde

2 CA6336.2025.odt amount, there is no necessity to pass necessary orders. 4.

There is no dispute that, on the Application made by the Applicants/Respondents/LRs of the Original Claimant, this Court had permitted them to withdraw the entire amount deposited by the State along with interest accrued thereon on the condition that 75% amount was allowed to be withdrawn on furnishing usual undertaking and remaining 25% was allowed to be withdrawn on furnishing Solvent Surety/Security/Bank Guarantee to the satisfaction of the Registrar (Judicial) of this Court.

5.

If the Applicants/Respondents/LRs of the Original Claimant have not withdrawn the amount pursuant to the said order dated 28th April, 2025, they be allowed to withdraw the amount without furnishing any Solvent Surety/Security/Bank Guarantee, as the Appeal is disposed off.

6.

The office shall calculate the amount in terms of the Award. 7.

The Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 21/06/2025 17:17:16 SG Punde